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INDUSTRIAL RELATIONS (AMMENDED) ACT, 2003
RL 3/169 -7 February 1974ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
PART II - REGISTRATION OF TRADE UNIONS
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS
COMMISSION AND NATIONAL REMUNERATION BOARD
PART V - PROTECTION OF INDIVIDUAL RIGHTS
PART VI - PROMOTION OF INDUSTRIAL RELATIONS
PART VII - INDUSTRIAL DISPUTES
PART VIII - REMUNERATION ORDERS
PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
PART X - OFFENCES AND PENALTIES 101 PREVENTION OF INTIMIDATION
PART XI - MISCELLANEOUS
PART I - PRELIMINARY
1 Short title
2 Interpretation
3 Application of Act
PART II - REGISTRATION OF TRADE UNIONS
4 Register of trade unions
5 Registration of trade unions
6 Application for registration
7 Objections to registration
8 Consideration of application and objection
9 Grounds for refusal to register
10 Notification of decision and appeal
11 Certificate of registration
12 Consequences of refusal to register
13 Cancellation of registration by order of Tribunal
14 Consequences of cancellation of registration
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
15 Acts in furtherance of industrial dispute
16 Trade union to be a body corporate
17 Rules of trade unions
18 Alteration of rules or change of name
19 Consideration of application
20 Membership
21 Members' nominees
22 Registered office
23 Branches of trade unions
24 Executive and officers
25 Meetings of trade unions
26 Taking of ballots
27 Federation and amalgamation
28 Dissolution of trade unions
29 Application of funds
30 Restriction on use for political purposes
31 Political fund of federations
32 Notice to contribute to political fund
33 Misapplication of funds
34 Keeping of accounts and records
35 General statement to annual general meeting
36 Annual return to Registrar
37 Retention and inspection of records
38 Powers of Registrar in relation to accounts
PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS
COMMISSION AND NATIONAL REMUNERATION BOARD
39 Establishment of Tribunal
40 Functions of Tribunal
41 Establishment of Commission
42 Functions of Commission
43 References to Commission by Minister
44 Conciliation service
45 Establishment of Board
46 Functions of the Board
47 Principles to be applied
48 Intervention by the Attorney-General
PART V - PROTECTION OF INDIVIDUAL RIGHTS
49 Rights of employees
50 Protection in unlawful actions
51 Closed shop agreement to be void
PART VI - PROMOTION OF INDUSTRIAL RELATIONS
52 Promotion of good industrial relations
53 Agreement of representational status
54 Order for representational status
55 Revocation of order
56 Applications to Commission
57 Extension of scope of application
58 Recommendations as regards recognition
59 Enforcement of recommendation for recognition
60 Order for recognition
61 Saving
62 Conditions for check-off agreements
63 Registration of check-off agreements
64 Tribunal may declare check-off agreements
65 Provisions relating to check-off agreements
66 Termination of check-off agreements
67 Application for agency shop order
68 Recommendations for agency shop order
69 Making of agency shop order
70 Effect of agency shop order
71 Workers Education Fund
72 Operation of agency shop order
73 Discontinuance of agency shop order
74 Limitations for applications
75 Deductions from wages of employees
76 Prohibition of other payments
77 Establishment of works councils
PART VII - INDUSTRIAL DISPUTES
78 Arbitration in industrial disputes
79 Reporting of industrial disputes
80 Rejection of report by Minister
81 Appeal to Tribunal
82 Consideration of report by Minister
83 Compulsory arbitration
84 Limitation on report of dispute
85 Effect of awards
86 Registration of collective agreement
87 Extension of awards and agreements
88 Interpretation of order, award and agreement
89 Order for adherence to agreed procedure
90 Order for utilisation of legal remedies
91 Order for adherence to award and agreement
92 Unlawful strikes or lock-outs
93 Imperilling the national economy
PART VIII - REMUNERATION ORDERS
94 References to the Board
95 Recommendations
96 Remuneration Orders
97 Effect of Remuneration Order
98 Permits to infirm and incapacitated persons
PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
99 Application of Act to public service
100 Civil Service Arbitration Tribunal
PART X - OFFENCES AND PENALTIES 101 Prevention of intimidation
102 Penalty for strike or lock-out offences
103 Offences by trade unions and officers
104 Other offences
PART XI - MISCELLANEOUS
105 No pay while on strike
106 Service of notices
107 Publication of returns
108 Regulations
First Schedule - Trade Union Rules
Second Schedule - Permanent Arbitration Tribunal Industrial Relations Commission
and National Remuneration Board
Third Schedule - Code of Practice
------------------------------
PART I – PRELIMINARY
1 Short title
2 Interpretation
3 Application of Act
1 Short title
This Act may be cited as the Industrial Relations (Ammended) Act 2003.
2 Interpretation
In this Act -
"agency shop order" means an order under section 69;
"award" means an award made by the Tribunal under section 78 or 83;
"bargaining unit" means employees or classes of employees, whether or not employed by
the same employer, on whose behalf a collective agreement may be made;
"Board" means the National Remuneration Board established by section 45;
"branch" means a branch of a trade union;
"check-off agreement" means an agreement between an employer and a trade union for
dues to be deducted from the wages of an employee by the employer and paid to the trade
union;
"civil service union" means a trade union of employees membership of which is confined to
public officers;
"collective agreement" means a procedure agreement, or an agreement which relates to
terms and conditions of employment, made between a trade union of employees or a joint
negotiating panel and an employer or a trade union of employers;
"collective bargaining" means negotiations relating to terms and conditions of employment
or to the subject-matter of a procedure agreement;
"Commission" means the Industrial Relations Commission established by section 41;
"contract of employment" means a contract of service or of apprenticeship, whether express
or implied;
"contribution" means the amount of money deductible from the wages of an employee
under an agency shop order;
"Court" means the Industrial Court established under the Industrial Court Act;
"dues" means a regular subscription payable to a trade union by a member as a condition of
his membership, but does not include any other subscription or levy;
"executive" means the body entrusted with the management of the affairs of a trade union;
"federation" means a federation of trade unions;
"industrial dispute" means a dispute between an employee or a trade union of employees
and an employer or a trade union of employers which relates wholly or mainly to -
(a) a contract of employment or a procedure agreement except, not withstanding any other
enactment, those provisions of the contract or agreement which-
(i) concern remuneration or allowance of any kind; and
(ii)apply to the employee as a result of exercise by him of an option to be governed by the
corresponding recommendations made in a report of the Pay Research Bureau
(b) the engagement or non-engagement, or termination or suspension of employment, of
an employee; or
(c) the allocation of work between employees or groups of employees; "industry" means
trade;
"joint negotiating panel" means the representatives of 2 or more trade unions of employees
authorised to participate in collective bargaining and to enter into a collective agreement;
"local authority" has the same meaning as in section 2 of the Local Government Act 1989;
"lock out" means any action taken by an employer whether or not in contemplation or
furtherance of an industrial dispute, and whether or not the employer is a party to a
dispute, which consists in -
(a) the exclusion of a group of employees from a place of employment;
(b) the suspension of work in a place of employment; or
(c) the collective, simultaneous or otherwise connected termination or suspension of
employment of a group of employees;
"Minister" means the Minister to whom responsibility for the subject of industrial relations is
assigned;
"negotiating rights" means the right to participate in collective bargaining;
"officer" in relation to a trade union, means--
(a) a member of the executive;
(b) a member of the managing body of a branch;
(c) a shop steward or other executive officer, by whatever name called;
"Pay Research Bureau" means the bureau referred to in the yearly Recurrent Budget under
the vote of Expenditure pertaining to the Prime Minister's Office;
"political fund" means a fund of a trade union kept exclusively for the purpose of incurring
expenditure for the furtherance of political objects;
"principal Act" means the Industrial Relations Act
"procedure agreement" means an agreement which relates to -
(a) machinery for consultation with regard to, or for the settlement of, terms and conditions
of employment;
(b) negotiating rights;
(c) facilities for officers;
(d) procedures relating to disciplinary matters; or
(e) procedures relating to grievances of individual employees;
"public officer" includes primary aided school teacher;
"register" means the register required to be kept by the Registrar under section 4;
"registered" means registered under this Act;
"registered office" means the registered place of business of a trade union;
"Registrar" means the Registrar of Associations or any other public officer acting on his
behalf or under his authority;
"Remuneration Order" means an Order under section 96;
"representational status" means the authority of a trade union of employees to represent a
member of that trade union in any difference between the member and his employer in
which the member is relying on his legal rights;
"secretary" means the secretary of a trade union or any person who acts or purports to act
as such;
"sole bargaining agent" means a trade union or joint negotiating panel which has exclusive
negotiating rights in respect of a bargaining unit;
"special fund" means a fund of a trade union, other than a political fund, to which the
members of the trade union are free not to contribute;
"strike" means any action taken by a group of employees, whether or not in contemplation
or furtherance of an industrial dispute and whether or not they are parties to the dispute,
which consists in -
(a) a concerted stoppage of work; or
(b) a concerted course of conduct, including going slow or working to rule, which is carried
on -
(i) with the intention of preventing, reducing or otherwise interfering with the production or
distribution of goods or the provision of services; and
(ii) in the case of some or all of the employees involved, in breach of their obligations to
their employer or in disregard of the normal arrangements between them and their
employer;
"trade" includes any occupation, calling or business and includes any part of a trade or
industry;
"trade union" means an association of persons, whether registered or not, having as one of
its objects the regulation of industrial relations between employees and employers and
includes a federation;
"treasurer" means the treasurer of a trade union and includes any person who, under the
rules of the trade union, is responsible for any accounts of the trade union or for the
collection, receipt, disbursement, custody or control of the money of the trade union;
"Tribunal" means the Permanent Arbitration Tribunal established by section 39;
"union's share" means that portion of the contribution which is payable under section 70 to
a trade union;
"visiting force" has the same meaning as in section 2 of the Visiting Forces Act;
"wages" means all emoluments payable in cash to an employee under a contract of
employment.
3 Application of Act
(1) Subject to subsection (2), this Act binds the Crown
(2) This Act shall not apply -
(a) to a member of a disciplined force;
(b) to a member of a visiting force;
(c) to a person in the service of the Crown who is not a public officer.
(3) Subject to Part IX, this Act shall apply to the public service and civil service unions.
PART II - REGISTRATION OF TRADE UNIONS
4 Register of trade unions
5 Registration of trade unions
6 Application for registration
7 Objections to registration
8 Consideration of application and objection
9 Grounds for refusal to register
10 Notification of decision and appeal
11 Certificate of registration
12 Consequences of refusal to register
13 Cancellation of registration by order of Tribunal
14 Consequences of cancellation of registration
4 Register of trade unions
(1) The Registrar shall keep a register in the prescribed form in which shall be entered the
particulars of all registered trade unions.
(2) Any interested person may, on written application to the Registrar, at all reasonable
times inspect the register.
5 Registration of trade unions
(1) Subject to section 110, every trade union shall, not later than 3 months after the date of
its formation, apply to the Registrar for registration.
(2) No trade union shall claim or receive any admission fee, dues or contribution unless the
trade union has been registered under section 11.
(3) Where a trade union fails to comply with subsection (1) or (2), the trade union shall
commit an offence and the trade union shall be wound up by the Registrar in the prescribed
manner.
6 Application for registration
(1) The application for registration of a trade union shall be in the prescribed form.
(2) Every application under subsection (1) shall be accompanied by -
(a) the prescribed fee;
(b) 2 copies of the rules of the trade union; and
(c) a statement of particulars in the prescribed form.
(3) The Registrar may, by written notice, require an applicant to provide any further
information he may reasonably require for the purpose of considering the application.
(4) Where the Registrar considers that the rules or the name of the trade union do not
comply with this Act, he shall give written notice to the trade union of the want of
compliance and afford the trade union such time as he considers reasonable in which to
submit amended rules or another name.
(5) The Registrar shall refuse any application which does not comply with subsection (2).
(6) Where a trade union -
(a) fails to provide any information required by the Registrar under subsection (3); or
(b) refuses to submit amended rules or another name as requested by the Registrar under
subsection (4),
the Registrar shall refer the application to the Commission.
7 Objections to registration
(1) The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily
newspapers a notice of any application which is not refused by him under section 6(5).
(2) Any registered trade union may, not later than 21 days after the publication of the
notice in the Gazette under subsection (1), lodge a written objection to the application with
the Registrar.
(3) The Registrar shall, not later than 14 days after receiving an objection under subsection
(2), by written notice, require the applicant to show cause, within such time as may be
specified in the notice, why the objections should not be upheld.
8 Consideration of application and objection
(1) Where an objection to an application has been lodged in accordance with section7
(2), the Registrar shall, after the time limit specified in a notice issued under section 7
(3) has elapsed, refer the application and the objection to the Commission.
(2) Where no objection is lodged in accordance with section 7(2), the Registrar may, after
the time limit specified in section 7(2) has elapsed -
(a) register the trade union; or
(b) refer the application to the Commission.
(3) The Commission shall hear and consider the application and any objection to it and,
after making such inquiries as it considers necessary, direct the Registrar to register or not
to register the trade union.
(4) Where in accordance with subsection (3) the Commission directs the Registrar
-
(a) not to register a trade union; or
(b) notwithstanding an objection lodged against an application for registration, to register a
trade union, it shall specify the grounds for refusing to register the trade union or the
reasons for rejecting the objection, as the case may be.
9 Grounds for refusal to register
(1) Subject to subsection (2), a trade union shall not be registered if -
(a) any of its objects is unlawful or is inconsistent with this Act;
(b) the trade union is engaged, or is about to engage, in activities likely to cause a serious
threat to public safety or public order;
(c) its rules are ambiguous;
(d) except in the case of a civil service union, its membership is open to public officers;
(e) its membership is open to persons who are not engaged in the same trade, or in similar
or connected trades or in the same undertaking;
(f) its rules do not contain adequate provision, or it is not organised to provide adequately,
for the protection and promotion of the interests of its members in every trade which it
purports to represent;
(g) any of its officers is not qualified to hold, or is incapable of performing the duties of, his
office;
(h) its name is the same as that of a registered trade union or so resembles that of a
registered trade union that the public may be deceived or misled; or
(i) its name is, in the Registrar's opinion, objectionable or otherwise unsuitable.
(2) Subsection (1)(d) shall not apply in relation to the registration of a federation
comprising civil service unions and other trade unions.
10 Notification of decision and appeal
(1) Where, pursuant to a direction of the Commission under section 8(3), the
Registrar -
(a) refuses to register a trade union; or
(b) notwithstanding an objection lodged against an application for registration, registers a
trade union, he shall give written notice to the applicant trade union and to any trade union
which has objected to the application for registration, of the ground on which the refusal is
based or, of the reasons for the rejection of the objection, as the case may be.
(2) Any trade union aggrieved by a decision to register or not to register a trade union may,
not later than one month after the date of the notification of the decision, appeal against
the decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks
fit.
(3) The Registrar may appear and be heard on an appeal under subsection (2).
11 Certificate of registration
The Registrar shall, on registering a trade union, issue a certificate of registration in the
prescribed form to the trade union and the certificate shall, unless the registration is
cancelled under section 13, be conclusive evidence that the trade union is registered.
12 Consequences of refusal to register
(1) Where the Registrar has refused to register a trade union, the trade union shall be
dissolved forthwith and be wound up -
(a) if no appeal has been lodged under section 10(2), not later than one month after the
date of the notification of the decision;
(b) if an appeal has been so lodged and the appeal has been dismissed, not later than one
month after the date of the dismissal of the appeal.
(2) Where a trade union is not wound up and its property distributed as provided by its
rules within the time specified in subsection (1), every officer shall commit an offence and
the trade union shall be wound up by the Registrar in the prescribed manner.
13 Cancellation of registration by order of Tribunal
(1) The registration of a trade union may be cancelled on the ground that -
(a) The registration was obtained by fraud or misrepresentation;
(b) the trade union has ceased to exist;
(c) by reason of any change of circumstances for which the trade union is responsible, the
trade union would no longer be eligible for registration;
(d) the trade union has engaged, or is about to engage, in activities likely to cause a serious
threat to public safety or public order;
(e) the trade union has contravened its rules by failing to provide effective representation of
the interest of its members in general, or of those of its members who belong to a particular
trade; or
(f) the trade union has failed to comply with any requirement (including a requirement
relating to its rules) imposed on it by this Part, and has persisted in its default after the
Registrar has given it written notice specifying the default and fixing a time which shall not
be less than 2 months for remedying the default, and that time has expired.
(2) Where the Registrar is of opinion that the registration of a trade union should be
cancelled, he shall refer the matter to the Tribunal, stating the ground which, in his opinion,
justifies the cancellation.
(3) Where on a reference under subsection (2), the Tribunal is satisfied that the ground of
the reference is well-founded, the Tribunal may -
(a) adjourn the hearing of the reference so as to allow the trade union time to remedy the
default or failure; or
(b) direct the Registrar to cancel the registration of the trade union.
(4) Where, at the resumed hearing after an adjournment under subsection (3)(a), the
Tribunal finds that the trade union has not taken adequate steps to remedy the default or
failure, it shall direct the Registrar to cancel the registration of the trade union.
(5) On receipt of a direction under subsection (3)(b) or (4), the Registrar shall cancel the
registration of the trade union.
14 Consequences of cancellation of registration
(1) Where the Registrar cancels the registration of a trade union -
(a) he shall publish a notice of the cancellation in the Gazette and in 2 daily newspapers;
(b) the trade union shall forthwith cease to engage in any trade union activity;
(c) the trade union shall be dissolved forthwith and be wound up within one month, or such
further period as the Registrar may allow, after the date of the publication of the notice in
the Gazette under paragraph (a).
(2) Where a trade union is not wound up and its property distributed as provided by its
rules within the time specified in subsection (1)(c), every officer shall commit an offence
and the trade union shall be wound up by the Registrar in the prescribed manner.
PART III - CONSTITUTION AND ADMINISTRATION OF TRADE UNIONS
15 Acts in furtherance of industrial dispute
16 Trade union to be a body corporate
17 Rules of trade unions
18 Alteration of rules or change of name
19 Consideration of application
20 Membership
21 Members' nominees
22 Registered office
23 Branches of trade unions
24 Executive and officers
25 Meetings of trade unions
26 Taking of ballots
27 Federation and amalgamation
28 Dissolution of trade unions
29 Application of funds
30 Restriction on use for political purposes
31 Political fund of federations
32 Notice to contribute to political fund
33 Misapplication of funds
34 Keeping of accounts and records
35 General statement to annual general meeting
36 Annual return to Registrar
37 Retention and inspection of records
38 Powers of Registrar in relation to accounts
A - RESTRICTION ON LEGAL PROCEEDINGS
15 Acts in furtherance of industrial dispute
(1) An act done by a person in contemplation or furtherance of an industrial dispute shall
not give rise to an action in damages on the ground only -
(a) that it induces or will induce another person to break a contract to which that other
person is a party or prevents another person from performing a contract;
(b) that it consists in his threatening that a contract, whether he is a party to it or not, will
be broken or will be prevented from being performed, or that he will induce another person
to break a contract to which that other person is a party or will prevent another person from
performing a contract; or
(c) that it is an interference with the trade, business or employment of another person, or
with the right of another person to dispose of his capital or his labour as he wishes.
(2) An agreement or combination by 2 or more persons to do or procure to be done any act
in contemplation or furtherance of an industrial dispute shall not render any of those
persons liable to civil or criminal proceedings, if the act in question is one which, if done
without any such agreement or combination, would not render him so liable.
B - STATUS, RULES, MEMBERSHIP AND DISSOLUTION
16 Trade union to be a body corporate
(1) Subject to the other provisions of this Act, a registered trade union shallbe a body
corporate having perpetual succession and a common seal and all the rights of a natural
person.
(2) No property belonging to a trade union shall be disposed of, pledged, mortgaged or
charged unless a majority of all the members of the trade union who are not disqualified
from voting under section 20(2) have consented to the transaction.
(3) A trade union may sue and be sued in its corporate name and service of any notice or
process by or on the secretary shall be deemed to be service on behalf of or on the trade
union.
17 Rules of trade unions
(1) The rules of every trade union shall make provision for all the matters specified in the
First Schedule.
(2) Every member of a trade union shall, on request made to the secretary and on payment
of a fee of one rupee, be entitled to receive a copy of the rules of the trade union.
(3) A secretary who fails to supply a copy of the rules under subsection (2) shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 50 rupees.
18 Alteration of rules or change of name
(1) Subject to subsection (2), a trade union may alter its rules or change its name by a
resolution approved at a general meeting held in accordance with the rules of the trade
union.
(2) An alteration of the rules or a change of the name of a trade union shall not have effect
until it is registered.
(3) An application for the registration of an alteration of the rules or a change of name of a
trade union shall be made, in the prescribed form, to the Registrar and shall be
accompanied by the prescribed fee.
(4) The Registrar may, by written notice, require the trade union to provide any further
information he may reasonably require for the purpose of considering the application.
(5) The Registrar shall, in the prescribed manner, publish in the Gazette and in 2 daily
newspapers a notice of any application for a change of the name of a trade union.
(6) Any other registered trade union may, not later than 21 days after the publication of the
notice in the Gazette under subsection (5), lodge a written objection to the application with
the Registrar.
(7) The Registrar shall, not later than 14 days after receiving an objection under subsection
(6), by written notice, require the applicant trade union to show cause, within such time as
may be specified in the notice, why the objection should not be upheld.
19 Consideration of application
(1) An alteration of the rules or a change of the name of a trade union shall
not be registered where -
(a) it has not been made in accordance with this Act or with the rules of the trade union; or
(b) at the time of the application for registration of the trade union, the trade union would
not have been registered had -
(i) its rules included any provision contained in the alteration; or
(ii) its name been similar to the new name.
(2) The Registrar shall, on registering an alteration of the rules or a change of the name of
a trade union, issue to the trade union a certificate of the registration in the prescribed
form.
(3) Where the Registrar -
(a) refuses to register an alteration of the rules or a change of the name of a trade union;
or
(b) rejects an objection to a change of the name of a trade union, he shall give written
notice of his decision to the applicant trade union and to any trade union which has objected
to the change of name.
(4) Any trade union aggrieved by a decision of the Registrar under this section may, not
later than 14 days after the date of the notification of the decision, appeal against the
decision to the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit.
(5) The Registrar may appear and be heard on an appeal under subsection (4).
20 Membership
(1) No person shall be eligible to a member of a trade union unless he resides in Mauritius
and -
(a) he is bona fide engaged in a trade which the trade union purports to represent; or
(b) if he is not so engaged, he has been so engaged at any time for a period of, or periods
amounting in the aggregate to, not less than 18 months.
(2) No member of a trade union shall have the right to vote at a meeting of the trade union
if his dues are in arrears by more than 3 months or such shorter period as may be specified
in the rules of the trade union.
(3) The minimum age for membership of a trade union shall be 16 or such greater
age as may be specified in the rules of the trade union.
(4) Subject to section 24 and to the rules of the trade union, a member of a trade union
who is a minor may enjoy all the rights of a member, and may execute any instrument or
give any discharge required under the rules of the trade union.
21 Members' nominees
(1) Subject to subsection (2), a member of a trade union may, by written notice to the
trade union, nominate a person to whom any money payable on the death of the member
shall be paid.
(2) An officer of the trade union shall not be nominated under subsection (1) unless he is
the husband, wife, father, mother or child of the member.
(3) A trade union shall, on receiving satisfactory proof of the death of a member, pay any
money payable on the death of the member to the person nominated by the member under
subsection (1).
22 Registered office
(1) Every trade union shall have a registered office to which all communications and notices
may be addressed and where all the books and documents relating to the trade union shall
be available for inspection by the Registrar or by any person having a pecuniary interest in
the funds of the trade union.
(2) The trade union shall give notice of the address and to any change of its registered
office to the Registrar.
23 Branches of trade unions
Where a trade union establishes or dissolves a branch, it shall give written notice of the
establishment of the branch, or of the dissolution, to the Registrar not later than 14 days
after the date of the establishment or of the dissolution.
24 Executive and officers
(1) No person shall be qualified to become or, having been so appointed or elected, shall
continue to be an officer who -
(a) is a minor;
(b) is an undischarged bankrupt or is insolvent;
(c) has, within the 3 preceding years, been convicted of an offence involving fraud or
dishonesty;
(d) in the case of a trade union of employees, is not a member of that trade union.
(2) Every trade union shall cause the names and titles of every officer to be prominently
exhibited in its registered office and in the office of every branch.
(3) Every trade union shall, not later than 7 days after the appointment or election of its
officers and of every change among its officers or in their titles, give written notice to the
Registrar of the appointment, election or change.
(4) Where the Registrar has reasonable cause to believe that any change notified to him
under subsection (3) was not made in accordance with this Act or the rules of the trade
union, he shall not register the change and shall give written notice to the trade union of
the ground on which the refusal is based.
(5) Any person aggrieved by a decision of the Registrar under subsection (4) may, not later
than 14 days after the date of the notification of the decision, appeal against the decision to
the Tribunal and, on appeal, the Tribunal may make such order as it thinks fit.
(6) The Registrar may appear and be heard on an appeal under subsection (5).
(7) Any person who, not being qualified as such under subsection (1), acts or purports to
act as an officer, shall commit an offence.
25 Meetings of trade unions
(1) Every trade union shall, between 1 January and 31 March in every year, hold an annual
general meeting.
(2) The notice convening an annual general meeting shall be published, not less than 21
days before the date of the meeting, in one daily newspaper approved by the Registrar.
(3) The notice convening the annual general meeting shall specify -
(a) that the meeting is convened as an annual general meeting; and
(b) that the matters to be considered at the meeting will include -
(i) the statement of accounts of the trade union for the preceding year;
(ii) the election of officers and members of the executive.
(4) Where an annual general meeting of a trade union consists of a meeting of delegates of
branches or, in the case of a federation, of the constituent trade unions, the trade union
shall, at the same time as the publication of the notice under subsection (2), give each
branch or, in the case of a federation, each of the constituent trade unions, written notice
setting out all the matters to be considered at the meeting and the number of delegates to
be elected by each branch or by each of the constituent trade unions.
(5) Each branch or, in the case of a federation, each of the constituent trade unions shall,
not later than 5 days after the publication of a notice under subsection (2), convene a
general meeting at which -
(a) all the matters to be discussed at the annual general meeting of the delegates shall be
considered;
(b) the delegates to represent the branch or, in the case of a federation, the constituent
trade union shall be elected; and
(c) where the matters to be discussed at the annual general meeting include a resolution
which, under this Act or under the rules of the trade union, must be approved by the
members of the trade union, there shall be taken a ballot of the members of the branch or,
in the case of a federation, of the members of the constituent trade union, on the
resolution.
26 Taking of ballots
(1) Where a trade union proposes to take a ballot for any of the purposes specified in this
Act or in its rules it shall, not less than 21 days before the date of the taking of the ballot,
cause notice of the ballot to be published in one daily newspaper approved by the Registrar.
(2) A notice under subsection (1) shall specify -
(a) the day on which and the time and place at which the ballot is to be
taken; and
(b) the matter which is to be determined by the ballot.
(3) The persons appointed as scrutineers of a ballot shall, after the counting of the votes,
certify the result of the ballot to the Registrar and secure the ballot papers which have been
counted and those which have been rejected, in separate sealed parcels which shall be
retained by the trade union for a period of at least 6 months.
27 Federation and amalgamation
(1) Subject to subsection (2), 2 or more trade unions (including federations) may combine
to form a federation or amalgamate to form one trade union if a resolution for federation or
amalgamation is approved, on a ballot, at a general meeting of every trade union
concerned, by a majority of all the members of that trade union who are not disqualified
from voting under section 20(2).
(2) A federation or amalgamation shall not have effect until the federation or the trade
union formed by the amalgamation is registered.
(3) Where the Registrar registers a trade union formed by an amalgamation of 2 or more
trade unions he shall cancel the registration of those trade unions.
28 Dissolution of trade unions
(1) Subject to subsection (2), a trade union may be dissolved where a resolution for its
dissolution is approved at a general meeting held in accordance with the rules of the trade
union.
(2) Where, under the rules of the trade union, provision is made for a special fund, the
dissolution of the trade union shall not have effect until a majority of all the members who
contribute to the special fund have approved the manner in which any asset of the fund is
to be disposed of.
(3) Where a trade union resolves that it should be dissolved, it shall, not
later than 14 days after the date on which the resolution for the dissolution is approved in
accordance with subsection (1), give written notice of the resolution in the Gazette and in 2
daily newspapers.
(5) The dissolution of a trade union shall take effect from the date of the publication of the
notice in the Gazette under subsection (4).
(6) Where on the dissolution of any trade union, the Registrar is of opinion that the rules of
the trade union for the disposal of its funds and other property are inadequate or are not
being properly applied, he may issue to an officer such written directions as he considers
necessary to safeguard the interest of the creditors or members of the trade union, and the
officer shall comply with those directions.
C - PROPERTY AND FUNDS
29 Application of funds
(1) Subject to subsections (2) and (3), no trade union shall apply its funds
except for -
(a) expenditure incurred for the purpose of complying with this Act;
(b) the payment of reasonable emoluments to officers;
(c) reasonable expenditure for the administration of the trade union and the auditing of its
accounts;
(d) the conduct of legal proceedings to which the trade union or any of its members is a
party, where the proceedings are undertaken for the purpose of securing or protecting any
rights of the trade union or of any of its members in relation to his contract of employment;
(e) the conduct of an industrial dispute on behalf of the trade union or any of its members,
and the payment of compensation to members of the trade union for any loss arising out of
an industrial dispute;
(f) benefits to members of the trade union or their dependents on account of accidents,
unemployment, sickness, old age or death; and
(g) any other purpose approved by the Minister.
(2) No trade union shall apply any of its funds either directly or indirectly in payment of any
penalty imposed upon any person by a court, other than a penalty imposed upon the trade
union itself.
(3) No trade union shall apply any of its funds in support of or in connection with any
unlawful strike or lock-out.
(4) Where, under the rules of a trade union, provision is made for any special fund, the
rules applicable to that special fund -
(a) shall specify the expenses and benefits which may be paid out of that fund;
(b) shall not be altered except by a resolution approved, on a ballot, by a majority of the
total number of members who contribute to that fund.
30 Restriction on use for political purposes
(1) No trade union shall apply any of its funds for a political object unless its rules provide
for the setting up of a political fund from which payments for political objects may be made,
and no assets of the trade union other than those forming part of the political funds shall be
applied or charged for any political object.
(2) No assets of the trade union other than lawful contributions of members to the political
fund shall be credited to that fund.
(3) Contribution to the political fund of a trade union shall not be made a condition of
membership of the trade union.
(4) No member of a trade union shall be liable to contribute to a political fund unless he
has, by written notice to the trade union, agreed to contribute to the fund.
(5) A member who is not liable to contribute to a political fund shall not be excluded from
any benefits of the trade union, or placed in any disability or at any disadvantage as
compared with other members who contribute to the political fund, except in relation to the
control and management of the political funds.
(6) For the purposes of subsection (1), payments for political objects include expenditure
incurred for -
(a) the payment of any expenses incurred, either directly or indirectly, by a candidate for
election to the Assembly or to a local authority, before, during or after the holding of the
election, in connection with his candidature or election;
(b) the holding of any meeting or the distribution of literature or documents in support of a
candidate or prospective candidate;
(c) the registration of voters, or the selection of a candidate, for the Assembly or any local
authority;
(d) the holding of a political meeting or the printing or distribution of political literature or
political documents.
31 Political fund of federations
Where a federation has set up a political fund, no constituent trade union of the federation
shall contribute to that fund unless -
(a) the constituent trade union has set up a political fund;
(b) the constituent trade union has, with the approval, on a ballot, of a majority of all the
members of the constituent trade union who contribute to its political fund, given written
notice to the federation that it agrees to contribute to the political fund;
(c) the contribution of the constituent trade union to the political fund of the federation is
paid exclusively from the assets of the political fund of the constituent trade union.
32 Notice to contribute to political fund
(1) A notice under section 30(4) or 31(b) shall have effect from the first day of the month
following the month in which it is given and shall cease to have effect on the last day of the
month following the month in which a written notice of intention to cease to contribute to a
political fund is given.
(2) In the case of a federation, no notice of intention to cease to contribute to a political
fund shall be given by a constituent trade union unless the approval, on a ballot, of a
majority of all the members of the constituent trade union who contribute to its political
fund has been obtained.
33 Misapplication of funds
(1) Where 5 or more members of a trade union, or the Registrar, have reason to believe
that a trade union is incurring expenditure in breach of this sub-Part or of its rules, they
may apply to the Court to restrain the trade union from incurring that expenditure and, on
such an application, the Court may make such order as it thinks fit.
(2) Where an application under subsection (1) is made in relation to a trade union which
has been or is about to be dissolved, the Court may order that the assets of the trade union
be vested in the Registrar.
(3) Where an order under subsection (2) has been made, the assets of the trade union shall
vest in the Registrar and the trade union shall be wound up by the Registrar in the
prescribed manner.
D - ACCOUNTS AND RETURNS
34 Keeping of accounts and records
(1) Every treasurer shall keep a record of all money received and paid by him for and on
behalf of the trade union and shall -
(a) in respect of each year;
(b) on his resignation;
(c) on the expiry of his term of office; or
(d) where required so to do by the rules of the trade union, render to the trade union a true
account of all money received and paid by him since his appointment or since he last
rendered an account, whichever is the later.
(2) The treasurer of a trade union shall prepare a general statement in the prescribed
manner of all receipts and expenditure of the trade union in respect of every year, and of
the assets and liabilities of the trade union existing on 31 December in every year.
(3) Every account or statement prepared under this section shall be in the prescribed form
and shall be audited by 2 persons to be appointed by the trade union with the approval of
the Registrar.
(4) Every treasurer shall, in accordance with the rules of the trade union, hand over to the
trade union the balance which on any audit appears to be due from him and all bonds,
securities, books, papers or other property of the trade union in his possession, under his
control or entrusted to his custody.
(5) Where a treasurer fails to comply with subsection (4), the trade union, any of its
members acting on behalf of the trade union or the Registrar may, by judicial process
before the Court, recover from the treasurer -
(a) the balance appearing to have been due upon the account, if any, last rendered by him;
(b) all other money received by him on account of the trade union; and
(c) all bonds, securities, books, papers or other property in his control or custody.
35 General statement to annual general meeting
(1) The treasurer of every trade union shall submit the general statement prepared under
section 34(2) for the approval of the members of the trade union at the annual general
meeting of the trade union and shall, on the application of a member of the trade union,
deliver to him a copy of the statement.
(2) Every trade union shall cause a copy of the last general statement to be prominently
exhibited in the registered office of the trade union and in the office of every branch.
36 Annual return to Registrar
Every trade union shall, on or before 1 April in every year, submit to the Registrar a return,
in the prescribed form, containing -
(a) a certified copy of the general statement required to be prepared under section 34(2);
(b) a statement of the names and postal addresses of its officers; and
(c) a return of its membership as on 31 December of the previous year.
37 Retention and inspection of records
(1) Every trade union shall retain -
(a) for a period of at least 3 years after the last date to which they relate
-
(i) all books and statements of accounts, and auditors' report;
(ii) all registers of members, and all records of money paid by members to the trade union;
(b) for a period of at least 3 years after their date of origin, all minutes of meetings
(including branch meetings), vouchers, receipts, correspondence and other documents
relating to the affairs of the trade union.
(2) A trade union shall permit a member of the trade union to inspect the books and
accounts of the trade union and the register of its members on his giving reasonable notice
to the trade union.
38 Powers of Registrar in relation to accounts
(1) The Registrar may verify, inspect or audit the books and accounts of any trade union
and, for this purpose, may require any trade union or any officer or former officer to appear
and to produce for his inspection the books and accounts.
(2) The secretary or treasurer of a trade union shall, not later than 21 days after the receipt
by him of a written notice from the Registrar, furnish the Registrar with such information
relating to the trade union, including detailed accounts of the funds or other assets of the
trade union or its branches, as may be specified in the notice.
PART IV - PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS
COMMISSION AND NATIONAL REMUNERATION BOARD
39 Establishment of Tribunal
40 Functions of Tribunal
41 Establishment of Commission
42 Functions of Commission
43 References to Commission by Minister
44 Conciliation service
45 Establishment of Board
46 Functions of the Board
47 Principles to be applied
48 Intervention by the Attorney-General
A - PERMANENT ARBITRATION TRIBUNAL
39 Establishment of Tribunal
(1) There is established for the purposes of this Act a tribunal to be known as the
Permanent Arbitration Tribunal.
(2) The Tribunal shall consist of -
(a)
(i) a President; and
(ii) a Vice-President, whose offices shall be public offices; and
(b) not more than 6 other members, who shall be appointed annually by the Minister after
consultation with such organisations representing employees and employers as he considers
appropriate.
(3) A person shall not be appointed President or Vice-President of the Tribunal unless he is
qualified for appointment as a judge.
(4) Part I and, where appropriate, Part II of the Second Schedule shall have effect with
respect to the Tribunal and its members.
40 Functions of Tribunal
The Tribunal shall have such functions as are set out in this Act or as may be prescribed or
as may otherwise be provided by Parliament.
B - INDUSTRIAL RELATIONS COMMISSION
41 Establishment of Commission
(1) There is established for the purposes of this Act a commission to be known as the
Industrial Relations Commission.
(2) The Commission shall consist of a Chairman and not less than 3 nor more than 6 other
members, who shall be appointed annually by the Minister, after consultation which such
organisations representing employees and employers as he considers appropriate.
(3) Part II of the Second Schedule, where appropriate, shall have effect with respect to the
Commission and its members.
42 Functions of Commission
The Commission shall have such functions as are set out in this Act or as may be prescribed
or as may otherwise be provided by Parliament.
43 References to Commission by Minister
(1) The Minister may refer to the Commission any question relating to industrial relations
generally or to industrial relations in any particular industry, and the Commission shall
inquire into and report upon any question so referred.
(2) The report of the Commission on any question referred to it under subsection (1) may
be published in such manner as the Minister may, after consultation with the Commission,
determine.
44 Conciliation service
The Commission shall provide a conciliation service for the assistance of employees,
employers and trade unions.
C - NATIONAL REMUNERATION BOARD
45 Establishment of Board
(1) There is established for the purposes of this Act a board to be known as the National
Remuneration Board.
(2) The Board shall consist of a Chairman, a Vice-Chairman and not less than 4 nor more
than 10 other members who shall be appointed by the Minister, after consultation with such
organisations representing employees and employers as he considers appropriate.
(3) The Chairman, Vice-Chairman and the members of the Board shall be appointed for such
term as the Minister may determine.
(4)
(a) Where the Minister refers any matter to the Board under section 94, the Minister may
appoint such even number of assessors as he thinks fit, half to represent employees and
half to represent employers, to assist the Board in its determination of the matter.
(b) Before making any appointment under this subsection, the Minister shall consult such
organisations representing employees and employers, interested in the particular matter, as
he considers appropriate and where, after consultation, the Minister is unable to secure the
consent of suitably representative persons for appointment as assessors, whether to
represent employees or employers or both, the Minister may appoint assessors to represent
employees only, or employers only, or may refrain from appointing any assessor.
(c) A person shall not be qualified to be appointed as an assessor if he is a
member of, or a candidate for election to, the Assembly or any local authority.
(5) Part II of the Second Schedule, where appropriate, shall have effect with respect to the
Board and its members.
46 Functions of the Board
The Board shall have such functions as are set out in Part VIII or as may be prescribed or as
may otherwise be provided by Parliament.
47 Principles to be applied
Where any matter is before the Tribunal, the Commission or the Board, the Tribunal, the
Commission or the Board shall, in the exercise of their functions under this Act, have
regard, inter alia, to -
(a) the interests of the persons immediately concerned and the community as a whole;
(b) the principles and practices of good industrial relations;
(c) the need for Mauritius to maintain a favourable balance of trade and balance of
payments;
(d) the need to ensure the continued ability of the Government to finance development
programmes and recurrent expenditure in the public sector;
(e) the need to increase the rate of economic growth and to provide greater employment
opportunities;
(f) the need to preserve and promote the competitive position of local products in overseas
market;
(g) the need to develop schemes for payment by results, and so far as possible to relate
increased remuneration to increased labour productivity;
(h) the need to prevent gains in the wages of employees from being adversely affected by
price increases;
(i) the need to establish and maintain reasonable differentials in rewards between different
categories of skills and levels of responsibility; and
(j) the need to maintain a fair relation between the incomes of different sectors in the
community.
48 Intervention by the Attorney-General
(1) Where any matter is before the Tribunal, the Commission or the Board, the Attorney-
General may, for the purpose of giving such assistance to the Tribunal, the Commission or
the Board as he may be able to provide, intervene in the matter if it appears to him that
some question of public importance or affecting the public interest is in issue.
(2) The Attorney-General may, at the request of the Tribunal, the Commission or the Board,
intervene in any matter before the Tribunal, the Commission or the Board.
(3) The Attorney-General may, on an intervention made under this section, tender such
evidence, and make such submissions, as he thinks fit with respect to the matter before the
Tribunal, the Commission or the Board.
(4) No intervention by the Attorney-General shall be taken to cause the Attorney-General to
become a party to the matter before the Tribunal, and accordingly no order or award shall
be made against the Attorney-General in any matter.
PART V - PROTECTION OF INDIVIDUAL RIGHTS
49 Rights of employees
50 Protection in unlawful actions
51 Closed shop agreement to be void
A - TRADE UNION ACTIVITIES
49 Rights of employees
(1) Every employee shall, as between himself and his employer, have the right -
(a) to be a member of a trade union;
(b) not to be a member or to refuse to be a member of a trade union; and
(c) to take part, at the appropriate time, in the activities of a trade union of which he is a
member, including the right to seek appointment or election as an officer of the trade union,
and to hold office as such.
(2) No employer shall refuse to engage an employee or dismiss, penalise or otherwise
discriminate against an employee by reason of his having exercised, his exercising, or
wishing or being likely to exercise any right under subsection (1).
(3) Nothing in this section shall be construed as preventing an employer from encouraging
an employee to join a trade union which has negotiating rights in respect of that employee.
(4) In this section -
"appropriate time" means time which -
(a) is outside the working hours of an employee; or
(b) is within the working hours of an employee and which, in accordance with arrangements
with his employer, is consented to by, or on behalf of, the employer; "working hours"
means any time when under his contract of employment, an employee is required to be at
work.
(5) Any employer who fails to comply with subsection (2) shall commit an offence and shall,
on conviction, be liable to imprisonment for a term not exceeding 6 months and to a fine
not exceeding 2,000 rupees.
50 Protection in unlawful actions
Notwithstanding anything in the rules of a trade union, no person who refuses to participate
in, or otherwise to act in furtherance of, any strike or lock-out which is unlawful, or who
refuses to take any other action which is unlawful, shall, by reason of the refusal be subject
to -
(a) expulsion from a trade union;
(b) removal from office as an officer;
(c) any fine or penalty imposed by a trade union;
(d) deprivation of any right or benefit to which he or his legal personal representatives
would otherwise be entitled; or
(e) any disability or disadvantage, whether direct or indirect, as compared with other
members of the trade union.
B - PROHIBITION OF CLOSED SHOP
51 Closed shop agreement to be void
(1) No employer shall enter into an agreement with a trade union which purports to -
(a) preclude the employer from engaging an employee who is not a member of a trade
union;
(b) preclude the employer from engaging an employee who has not been recommended or
approved by a trade union;
(c) require that one of the terms and conditions of employment of an employee shall be that
that employee must become a member of a trade union.
(2) Any person who has been refused employment and who claims that the refusal was
attributable wholly or partly to a provision in an agreement as is specified in subsection (1),
may apply to the Court for an order under subsection (3).
(3) Where on an application under subsection (2) the Court finds -
(a) that a provision in an agreement as is specified in subsection (1) is or was in force; and
(b) that the refusal to employ the applicant was wholly or partly attributable to that
provision, the Court may order the employer to pay to the applicant such sum by way of
compensation as the Court thinks just.
PART VI - PROMOTION OF INDUSTRIAL RELATIONS
52 Promotion of good industrial relations
53 Agreement of representational status
54 Order for representational status
55 Revocation of order
56 Applications to Commission
57 Extension of scope of application
58 Recommendations as regards recognition
59 Enforcement of recommendation for recognition
60 Order for recognition
61 Saving
62 Conditions for check-off agreements
63 Registration of check-off agreements
64 Tribunal may declare check-off agreements
65 Provisions relating to check-off agreements
66 Termination of check-off agreements
67 Application for agency shop order
68 Recommendations for agency shop order
69 Making of agency shop order
70 Effect of agency shop order
71 Workers Education Fund
72 Operation of agency shop order
73 Discontinuance of agency shop order
74 Limitations for applications
75 Deductions from wages of employees
76 Prohibition of other payments
77 Establishment of works councils
A - CODE OF PRACTICE
52 Promotion of good industrial relations
(1) The Code of Practice set out in the Third Schedule shall -
(a) provide practical guidance for the promotion of good industrial relations;
(b) provide practical guidance for the grant of negotiating rights; and
(c) assist employers and trade unions of employees to make effective collective
agreements.
(2) A failure on the part of any person to observe any provision of the Code of Practice shall
not of itself render that person liable to proceedings of any kind.
(3) In any proceedings under this Act any provisions of the Code of Practice which appears
to the Tribunal, the Commission or the Court to be relevant to any question arising in the
proceedings shall be taken into account for the purpose of determining that question.
B - REPRESENTATIONAL STATUS
53 Agreement for representational status
An employer and a trade union of employees may enter into an agreement whereby the
employer recognises the representational status of the trade union in relation to his
employees who are members of the trade union.
54 Order for representational status
(1) Subject to subsection (2), a trade union of employees which has been refused
representational status by an employer employing any of the members of the union may
apply to the Court for an order directing the employer to recognise the representational
status of the trade union.
(2) Where an application under subsection (1) relates to an employer in respect of whom
the same trade union has previously made an application, the Court shall not consider the
application unless -
(a) it is made after one year from the date on which the Court decided the previous
application; and
(b) the applicant satisfies the Court that there has, since the previous application, been a
change in circumstances sufficient to justify another application.
(3) Subject to subsection (4), the Court may make an order under this section where it is
satisfied that -
(a) the applicant has sufficient resources and is sufficiently well organised
to effectively represent its members;
(b) the grant of the application is not likely to affect adversely any existing or proposed
collective agreement; and
(c) the grant of the application is conducive to good industrial relations.
(4) The Court shall not, unless it considers that there are exceptional circumstances,make
an order under this section where the applicant -
(a) has less than 100 members; or
(b) has less than 5 members in the employment of the employer.
55 Revocation of order
Where there has been a change of circumstances which would justify the revocation of an
order under section 54, the Court may, at the instance of an employer, revoke the order.
C – RECOGNITION
56 Applications to Commission
(1) An application for the consideration of any question relating to the claim of a trade union
of employees or a joint negotiating panel for negotiating rights may be made to the
Commission by the trade union or panel, or by the employer directly affected by the claim,
or jointly by the trade union or the panel and the employer.
(2) Subject to subsection (3), the Commission shall consider an application under
subsection (1) where it is satisfied that a reference of the question to the Commission is
necessary with a view to promoting a satisfactory settlement.
(3) The Commission shall not consider an application under subsection (1) where it appears
to the Commission that it is being invited to consider an order made by the Tribunal which
is still in force or, in the case of an application which relates to a previous recommendation
made by the Commission, if the application is made within one year of the date on which
the previous recommendation was made.
57 Extension of scope of application
(1) Subject to subsection (2), where an application is made under section 56, the
Commission may extend the scope of the application where, after hearing the parties on the
proposed extension of the scope of the application, it appears to the Commission to be
appropriate to do so in the interests of a satisfactory settlement of the question in issue.
(2) The scope of an application shall not be extended to any employer who is not specified
in the original application, unless that employer has been made a party to the proceedings.
58 Recommendations as regards recognition
(1) Subject to subsections (3) and (4), the Commission shall make a recommendation on an
application under section 56 and the recommendation may be made subject to such
conditions as the Commission thinks fit,
(2) The Commission may, in making a recommendation under subsection (1), require
(a) a trade union of employees recommended for recognition as a sole bargaining agent, or
for inclusion in a joint negotiating panel, to make sufficient trained officers available for
purposes of collective bargaining;
or
(b) any trade union so recommended to undertake not to make or pursue any claim to be
recognised as sole bargaining agent for any other bargaining unit consisting wholly or partly
of employees of any employer to whom the recommendation relates.
(3) Where at any time while an application under section 56 is under consideration by the
Commission, it appears to the Commission that a satisfactory settlement of the question in
issue has been reached by agreement of the parties, it may terminate consideration of the
application and confine its recommendation to a record of the terms of the agreement and
of the material circumstances surrounding it.
(4) The Commission shall not recommend the recognition of a sole bargaining agent for a
bargaining unit unless the Commission is satisfied that to effectively represent the
bargaining unit -
(a) the trade union of employees concerned or, in the case of a joint negotiating panel, each
of the trade unions concerned has sufficient resources and is sufficiently well organised; and
(b) the trade union of employees or the joint negotiating panel concerned is sufficiently
supported by, or is acceptable to, the employees comprised in the bargaining unit.
(5) Where the Commission makes a recommendation under this section, it shall publish in
such manner as it considers appropriate, the recommendations and the reasons for it.
59 Enforcement of recommendation for recognition
(1) Subject to subsection (2), where the Commission has made a recommendation for the
recognition by an employer of a sole bargaining agent, an application for an order to enforce
the recommendation may be made to the Tribunal by the trade union of employees
concerned or, in the case of a joint negotiating panel, any of the trade unions concerned, or
the employer.
(2) Except in the case of a recommendation which records an agreement between the
parties, no application under subsection (1) shall be entertained by the Tribunal where it is
made more than one year after the date on which the recommendation was made.
(3) The Tribunal shall, when considering an application under subsection (1), take into
account any change in the material circumstances which appears to the Tribunal to have
occurred since the making of the recommendation to which the application relates.
(4) Before making an order on an application under subsection (1), the Tribunal may refer
to the Commission, for investigation and report, any question material to the application.
60 Order for recognition
(1) Where the Tribunal makes an order on an application under section 59, the order shall
(a) define the bargaining unit;
(b) specify the employer and the trade union or joint negotiating panel concerned;
(c) specify the duration of the order, which shall not exceed the period of 2 years beginning
with the date of the recommendation to which the application relates;
(d) declare that, while the order remains in force, the trade union of employees or joint
negotiating panel concerned shall be recognised as sole bargaining agent; and
(e) require the trade union of employees or joint negotiating panel and the employer
concerned to meet at specified intervals or at such times and on such occasions as the
circumstances may reasonably require for the purposes of collective bargaining.
(2) The Tribunal may, at the instance of any party specified in the order, revoke or vary an
order made under subsection (1) where it is satisfied that there has been a change of
circumstances, or any default on the part of any party specified in the order, which is
sufficient to justify the revocation or variation of the order.
(3) The Tribunal may, in addition to any order it may make under this section, order the
payment of compensation to a trade union by an employer where it is satisfied that the
recommendation to which the application relates has not been put into effect or an order
made by the Tribunal has not been complied with.
61 Saving
(1) Nothing in this Part shall prevent the parties affected by a recommendation of the
Commission under section 58 or an order of the Tribunal under section 60(1) from agreeing
to vary the recommendation or order.
(2) Where an agreement to vary a recommendation of the Commission under section 58 or
an order of the Tribunal under section 60(1) is reached by the parties affected by the
recommendation or the order, a copy of the agreement shall, not later than 14 days after
the date on which the agreement is reached, be filed--
(a) in the case of a variation of a recommendation, with the Commission;
(b) in the case of a variation of an order, with the Tribunal.
D - CHECK-OFF AGREEMENTS
62 Conditions for check-off agreements
(1) Subject to subsection (2), no employer shall refuse to enter into a check-off agreement
with a trade union where -
(a) the trade union has negotiating rights;
(b) the trade union has a membership of not less than 200 persons and has had that
membership for a period of not less than one year immediately preceding the date on which
the request to enter the check-off agreement is made; and
(c) the employer employs not less than 10 members of the trade union.
(2) An employer may, at any time, enter into a check-off agreement with a trade union of
employees.
63 Registration of check-off agreements
The terms of any check-off agreement shall be set out in a memorandum and signed by or
on behalf of the parties and a copy of the memorandum shall, within one month of its being
signed, be lodged with the Tribunal.
64 Tribunal may declare check-off agreements
(1) Where a trade union requests an employer to enter into a check-off agreement and the
employer refuses to enter into the check-off agreement, the trade union may, whereit
satisfies the conditions set out in section 62(1), make an application to the Tribunal for an
order that a check-off agreement should have effect between the trade union and the
employer, and, on hearing the application, the Tribunal may make such order as it thinks
fit.
(2) Where, on an application under subsection (1), the Tribunal has made an order that a
check-off agreement should come into force between a trade union and an employer, the
trade union may, by written notice, require the employer to comply with the agreement in
respect of the members of the trade union who are employed by him.
65 Provisions relating to check-off agreements
(1) Where a check-off agreement is in force, the following provisions shall have effect -
(a) a deduction of dues from the wages of an employee shall only be made where the
employee has given written notice to the employer to make the deduction;
(b) the first deduction made pursuant to a notice given by an employee under paragraph (a)
shall be made from the wages earned for the month following the month in which the notice
is received by the employer;
(c) the notice given under paragraph (a) shall cease to have effect on the last day of the
sixth month following the month in which written notice is given by the employee of his
intention to cease to pay dues to the trade union;
(d) the employer shall, not later than the tenth day in each month, given written notice to
the trade union of the names of any persons who have given notice under paragraph (a) -
(i) who have ceased to be employed by him; or
(ii) who have notified him of their intention to cease to pay dues to the trade union;
(e) where dues are validly altered in amount by a trade union -
(i) the trade union shall give written notice of the alteration to the employer; and
(ii) the employer shall deduct the amount of the dues as altered from the wages earned by
an employee for the month following the month in which the notice of the alteration is
received by him;
(f) the whole amount of the deductions shall accrue to the trade union.
(2) Every check-off agreement which is inconsistent with subsection (1) shall, to the extent
of the inconsistency, be void.
66 Termination of check-off agreements
Where any of the conditions of section 62(1) is no longer satisfied by a trade union, the
employer may apply to the Tribunal for the termination of the check-off agreement and, on
hearing the application, the Tribunal may make such order as it thinks fit.
E - AGENCY SHOP ORDERS
67 Application for agency shop order
(1) Subject to section 74, where a check-off agreement is in force between a trade union
and an employer, the trade union may make an application to the Commissioner for a
recommendation that the Tribunal make an order in its favour directing that the contract of
employment of an employee comprised in a bargaining unit shall include a condition that a
deduction be made from the wages of the employee.
(2) The application under subsection (1) shall set out -
(a) the name and address of the trade union and of the employer against whom the
application is made;
(b) the bargaining unit in respect of which the agency shop order is sought;
(c) the particulars of the check-off agreement to which the trade union and the employer
are parties;
(d) the rules of the trade union relating to the payment of dues and the imposition of levies;
and
(e) the amount of the dues and levies and the times at which the dues and levies are
payable.
68 Recommendations for agency shop order
(1) The Commission shall, before recommending the making of an agency shop order, have
regard to the material circumstances surrounding the application and in particular to -
(a) the amounts payable on admission, the dues and levies which may be imposed by the
trade union, and the time at which those amounts become payable;
(b) the circumstances in which a member may be excused from the payment of dues or
levies; and
(c) the circumstances in which a person may join, and may resign from, the trade union.
(2) The Commission shall not recommend an application unless it is satisfied that -
(a) the officers are elected and removable in a democratic manner; and
(b) any power contained in the rules of the trade union to waive the payment of dues or
levies is limited to cases of genuine hardship.
(3) Where the Commission is of opinion that a prima facie case has been made out for
recommending the making of an agency shop order, it shall take a ballot to determine, in
relation to the employer against whom the application is made, the number of employees
comprised in the bargaining unit specified in the application who are in favour of the making
of the order.
(4) Where, in relation to the employer against whom the application is made, on a ballot
under subsection (3), three-fourths or more of the employees comprised in the bargaining
unit vote in favour of the making of an agency shop order, the Commission shall
recommend that the Tribunal make the agency shop order.
(5) The recommendation under subsection (4) shall specify -
(a) the bargaining unit;
(b) the name and address of the trade union and the employer against whom the
application is made;
(c) the total amount deductible monthly as contribution, being an amount which shall not
exceed the monthly dues payable by a member of the trade union; and
(d) the union's share of the deduction in respect of each employee who is not a member of
the trade union.
(6) The union's share specified in the recommendation of the Commission under this section
shall in no case be less than 50 percent, or more than 75 percent, of the contribution.
69 Making of agency shop order
(1) Where the Commission makes a recommendation under section 68, the Tribunal may,
after hearing the trade union and the employer against whom the application is made, make
an agency shop order on such terms as it thinks fit.
(2) An agency shop order shall be in the prescribed form and shall come into operation on
such day as may be fixed in the order.
70 Effect of agency shop order
(1) Notwithstanding any other enactment, where an agency shop order has been made
under section 69 -
(a) all employees in the employment of the employer against whom the application is made
comprised in the bargaining unit specified in the agency shop order, shall pay the
contribution specified in the order;
(b) the agency shop order shall be binding on the employer who shall -
(i) deduct the contribution specified in the agency shop order from the wages of his
employees comprised in the bargaining unit specified in the order; and
(ii) pay to the trade union concerned the union's share specified in the order.
(2) Any employee comprised in the bargaining unit and who is not a member of the trade
union may, by written notice authorise the employer to pay to the trade union the whole of
the contribution specified in the agency shop order, and the employer shall pay the amount
accordingly.
(3) Where no notice under subsection (2) is given by an employee who is not a member of
the trade union, the balance of the contribution after the payment of the union's share, shall
be paid to the Workers Education Fund established under section 71.
71 Workers Education Fund
For the purposes of section 70(3) there is established a fund to be known as the Workers
Education Fund which shall be administered in the prescribed manner.
72 Operation of agency shop order
(1) Where a trade union specified in an agency shop order under section 69 ceases to be
registered under this Act, the order shall cease to have effect, and any other trade union
may, in accordance with section 67, apply for an agency shop order in respect of the
employees comprised in the bargaining unit specified in the agency shop order which has
ceased to have effect.
(2) Where, on the application of a trade union, the Court is satisfied that there has been a
breach of an agency shop order made in favour of the trade union, the Court may -
(a) make such order as it thinks fit for the enforcement of the agency shop
order; and
(b) order the payment of compensation to the trade union, by the employer, not exceeding
2,000 rupees in respect of any one application.
(3) Where an agency shop order is in force, the trade union specified in the order shall
represent every employee comprised in the bargaining unit specified in the agency shop
order in any dispute in which the employee is concerned, whether or not the employee is a
member of the trade union.
(4) Where a trade union specified in an agency shop order fails to comply with subsection
(3), any employee who is aggrieved by the non-compliance may make an application to the
Court to revoke the agency shop order, and the Court may, upon hearing the application,
make such order as it thinks fit.
73 Discontinuance of agency shop order
(1) Subject to subsection (2), where an agency shop order is in force, an employee
comprised in the bargaining unit specified in the agency shop order may make an
application to the Commission for a ballot to determine whether the agency shop order
should not be discontinued.
(2) The Commission shall not consider an application under subsection (1) unless
(a) it is made after not less than 2 years after the date on which was taken -
(i) the ballot under section 68; or
(ii) a ballot under subsection (3) in respect of the same agency shop order; and
(b) the Commission is satisfied that not less than one-fifth of the employees comprised in
the bargaining unit have signified in writing their concurrence in the application.
(3) Subject to subsection (2), the Commission shall, on an application being made under
subsection (1), take a ballot of employees comprised in the bargaining unit specified in the
agency shop order to which the application relates on the question whether the agency shop
order should not be discontinued.
(4) The Commission shall notify the result of the ballot to the employee who made the
application for a ballot, the employer and the trade union concerned.
(5) Where, on a ballot taken under subsection (3) -
(a) a majority of the employees eligible to vote; or
(b) three-fourths or more of those who voted in the ballot, have voted in favour of the
discontinuance of the agency shop order, the order shall cease to have effect on the last day
of the month following the month in which the ballot was taken.
74 Limitations for applications
An application by a trade union for an agency shop order in respect of a bargaining unit, or
any part thereof, shall not be entertained by the Commission where it is made within 2
years of the date on which -
(a) an application in respect of the same bargaining unit was last made by the trade union;
or
(b) an agency shop order in respect of the same bargaining unit in favour of the trade union
ceased to have effect under section 73(5).
F - PAYMENTS IN ACCORDANCE WITH CHECK-OFF AGREEMENTS OR AGENCY SHOP
ORDERS
75 Deductions from wages of employees
(1) Where a deduction is made from the wages of an employee in accordance with a check-
off agreement or an agency shop order -
(a) the amount of the deduction shall not be recoverable by the employee from his
employer;
(b) not more than one deduction shall be made in respect of any month, and the deduction
shall not exceed in amount the dues payable by any member of the trade union in respect
of that month;
(c) a deduction shall only be made after all deductions required or permitted to be made by
or under any other enactment have been made.
(d) every employer shall, not later than 14 days after making a deduction -
(i) pay over the amount accruing to the trade union concerned by cheque made payable to
the trade union and marked "Account Payee", to a bank with which the trade union has a
current account.
(ii) give written notice to the trade union of the remittance; and
(iii) pay over to the Workers Education Fund the amount accruing to the Fund, in such
manner as may be prescribed;
(e) the trade union shall, not later than 14 days after the receipt of a notice under
paragraph (d)(ii), deliver a written acknowledgment of the remittance to the employer.
(2) Where an employee takes part in an unlawful strike, the employer may decline to make
any deduction as required by any check-off agreement or agency shop order from wages
earned by the employee for the month in which the strike commences or continues.
76 Prohibition of other payments
(1) Subject to subsection (3), an employer who makes a deduction from the wages of an
employee for the purpose of making a payment to a trade union shall, unless that deduction
is made in accordance with a check-off agreement or of an agency shop order, commit an
offence, and shall, on conviction, be liable to imprisonment for a term not exceeding 6
months and to a fine not exceeding 2,000 rupees.
(2) On the conviction of an employer under subsection (1) the Court may, in addition to any
fine imposed, order the repayment to the employee of the amount of any deduction of
wages made in contravention of this section.
(3) It shall be a defence in any proceedings under subsection (1) for an employer to satisfy
the Court -
(a) that he was purporting to act in accordance with a check-off agreement or of an agency
shop order;
(b) that the commission of the offence was due -
(i) to the employer's ignorance of any facts which he could not with reasonable diligence
have ascertained; or
(ii) to a bona fide mistake in the keeping of the employer's records; and
(c) that the consequences of the ignorance or mistake have been rectified.
G - WORKS COUNCILS
77 Establishment of works councils
(1) The Minister may require the Commission to examine the state of industrial relations in
an industry and to report on the desirability or otherwise of
forming works councils in that industry.
(2) Subject to subsection (3), on any reference to the Commission under subsection (1), the
Commission shall inquire into the matter and may recommend the establishment of works
councils in the industry, and shall specify, in its recommendation, the terms on which the
works councils should be established.
(3) The Commission shall not recommend the establishment of a works council in an
undertaking in any industry where -
(a) it is satisfied that the establishment of a works council in the undertaking will not be
conducive to good industrial relations;
(b) a works council or similar body is already functioning under a voluntary arrangement in
the undertaking;
(c) there are less than 20 employees in the undertaking.
(4) Where the Commission recommends the establishment of works councils, the Minister
may, by regulations, establish works councils in accordance with the terms specified by the
Commission in its recommendation.
(5) Nothing in this section or in any regulations made under this Act relating to works
councils shall prevent or discourage the establishment under voluntary arrangements in any
undertaking of improved means of communication between employees and employer.
PART VII - INDUSTRIAL DISPUTES
78 Arbitration in industrial disputes
79 Reporting of industrial disputes
80 Rejection of report by Minister
81 Appeal to Tribunal
82 Consideration of report by Minister
83 Compulsory arbitration
84 Limitation on report of dispute
85 Effect of awards
86 Registration of collective agreement
87 Extension of awards and agreements
88 Interpretation of order, award and agreement
89 Order for adherence to agreed procedure
90 Order for utilisation of legal remedies
91 Order for adherence to award and agreement
92 Unlawful strikes or lock-outs
93 Imperilling the national economy
A - VOLUNTARY ARBITRATION
78 Arbitration in industrial disputes
(1) Subject to subsection (2), the parties to an industrial dispute may jointly refer the
dispute to the Tribunal and thereupon the Tribunal shall inquire into the dispute and make
an award on it.
(2) The Tribunal shall not inquire into any industrial dispute, or any matter connected with it
where -
(a) notification of the reference of the dispute has not been given to the Minister;
(b) the dispute relates to any matter within the exclusive jurisdiction of the Court; or
(c) the dispute relates to any matter which is the subject of pending proceedings before the
Commission or any court.
B - REPORTING, INVESTIGATION, CONCILIATION AND COMPULSORY
ARBITRATION OF DISPUTES
79 Reporting of industrial disputes
(1) Any industrial dispute, whether existing or apprehended, may be reported to the
Minister by or on behalf of any party to the dispute.
(2) Every report of an industrial dispute shall be made in writing and shall specify -
(a) the employees and employers, or the descriptions thereof, who are parties to the
dispute;
(b) the party by whom or on whose behalf the report is made; and
(c) every issue or matter giving rise to the dispute.
(3) Where an industrial dispute is reported to the Minister, a copy of the report shall be
served by or on behalf of the party making the report upon every other party to the dispute.
80 Rejection of report by Minister
(1) The Minister may reject a report under section 79, if it appears to him that the report
(a) relates in whole or in part to a dispute which is not an industrial dispute;
(b) is made by or on behalf of a party who is not, or is not entitled to be, a party to an
industrial dispute in relation to any of the issues or matters raised in the report; or
(c) does not contain sufficient particulars of the issues or matters giving rise to the
industrial dispute.
(2) Where the Minister rejects a report under subsection (1), he shall give written notice of
the rejection to all the parties specified in the report.
81 Appeal to Tribunal
Where a report of an industrial dispute under section 79 is rejected by the Minister, any
party aggrieved by the rejection may appeal against the rejection to the Tribunal and on
any such appeal the Tribunal may confirm or revoke the decision of the Minister.
82 Consideration of report by Minister
(1) Where an industrial dispute has been reported to the Minister under section 79, and the
report has not been rejected by the Minister under section 80 or, where it has been
rejected, the rejection has been revoked on an appeal to the Tribunal under section 81, the
Minister may, with a view to promoting a settlement of the dispute -
(a) make proposals to the parties for the settlement of the dispute;
(b) recommend that the parties make use or further use of any machinery for
the voluntary settlement of disputes available to them;
(c) refer the parties to the Commission for conciliation;
(d) cause the Commission to make an investigation into the dispute;
(e) advise the parties to refer the dispute to the Tribunal;
(f) subject to subsection (2), refer the dispute to the Tribunal.
(2) The Minister shall not refer a dispute to the Tribunal -
(a) within 14 days of the day on which the Minister received the report of the dispute under
section 79; or
(b) where the parties are endeavouring to reach agreement, before the expiry of such
longer period of time as the parties jointly declare they require for the settlement of the
dispute.
83 Compulsory arbitration
Where any dispute is referred to the Tribunal by the Minister under section 82, the Tribunal
shall, with all diligence, inquire into the dispute and make an award on it.
84 Limitation on report of dispute
Where a dispute has been referred to the Tribunal under this Part, no party to the dispute
may report any other dispute between the same parties within the period of 6 months
immediately following the date on which the original report was made.
C - AWARDS AND AGREEMENTS
85 Effect of awards
(1) An award shall be published in the Gazette, and shall -
(a) state the parties, the employees and the employers to whom each of the provisions of
the award shall apply;
(b) take effect -
(i) on the date of its publication in the Gazette; or
(ii) if it is expressed to have retrospective effect, on the date specified in the award; and
(c) be binding on all the parties to whom the award applies for such period not exceeding 2
years as the Tribunal may determine.
(2) Any party to whom an award applies may, while the award is in force, make an
application to the Tribunal for a variation of the award and the Tribunal may, after hearing
all the parties to whom the award applies, vary the award where it is satisfied that there has
been, since the making of the award, a change in circumstances which justifies the
variation.
(3) Subject to subsection (4), an award shall, from the date on which the award takes
effect, be an implied term of every contract of employment between the employees and
employers to whom the award applies until -
(a) it is varied by agreement or by a subsequent award under subsection (2); or
(b) it ceases to have effect.
(4) An award shall not contain any provision which is inconsistent with any enactment other
than a Remuneration Order, relating to the terms or conditions of, or affecting,
employment, and any award containing any such inconsistent provision shall, to the extent
of the inconsistency, be void.
86 Registration of collective agreement
Where the parties to an industrial dispute which has been notified or reported to the
Minister under this Part have reached a collective agreement by settlement, the terms of
the agreement shall be set out in a memorandum which shall be signed by or on behalf of
all the parties to the dispute, and any such party may lodge a copy of the memorandum
duly signed with the Tribunal.
87 Extension of awards and agreements
(1) Subject to subsection (2), where an award or a collective agreement which governs the
terms and conditions of employment in a part of an industry is in force, an employer or a
trade union of employees to whom the award or agreement applies may make an
application to the Tribunal for an order to extend the award or agreement to the whole of
the industry, and on hearing the application, the Tribunal may grant or refuse the order.
(2) No order shall be made under subsection (1) unless the Tribunal is satisfied
that -
(a) the parties to the award or agreement are or represent a substantial proportion of the
employees or of the employers in the industry, the employees being employees of the
description to which the award or agreement applies;
(b) an employer engaged in the industry is not bound by the award or agreement;
(c) the extension of the award or agreement is necessary or desirable in the interests of
uniformity of terms and conditions of employment in the industry.
(3) An order under subsection (1) may be made subject to such conditions as the Tribunal
thinks fit and, in particular, the order may provide that where an employer is observing
terms and conditions of employment which are more favourable than the terms and
conditions of employment specified in the award or agreement, the employer shall continue
to be bound by the more favourable terms and conditions of employment.
(4) The terms of an order under subsection (1) shall be deemed to form part of the award
or agreement and shall be deemed to have had effect on the date on which the award or
agreement came into force.
88 Interpretation of order, award and agreement
(1) Where any question arises as to -
(a) the interpretation of any order or award made by the Tribunal;
(b) any order or award being inconsistent with any enactment;
(c) the interpretation of any collective agreement, any party to whom the order, award or
agreement relates, or the Minister, may apply to the Tribunal for a declaration on the
question, and thereupon the Tribunal shall make a declaration on the question after hearing
the parties concerned.
(2) A declaration by the Tribunal under subsection (1) shall be notified to the parties and
shall be deemed to form part of the order, award or collective agreement.
(3) Notwithstanding subsection (1), where a question arises out of any clerical mistake,
incidental error or omission, the Tribunal may, on its own motion and without hearing the
parties, make a declaration to rectify the mistake, error or omission.
D - ENFORCEMENT OF COLLECTIVE BARGAINING
89 Order for adherence to agreed procedure
(1) Where it appears to the Tribunal on an application made to it under this section that, in
regard to any existing or threatened strike or lock-out arising out of an industrial dispute, all
the conditions specified in subsection (4) are fulfilled, the Tribunal may make an order
under this section.
(2) An application under subsection (1) may be made by the Minister or by or on behalf of
any party to an industrial dispute whether or not the dispute has been reported to the
Minister under section 79 and where the dispute has been so reported, whether or not the
report has been rejected by the Minister under section 80.
(3) An order under subsection (1) shall -
(a) require the parties named therein to make use of the existing machinery for the
voluntary settlement of disputes; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be
unlawful.
(4) The conditions specified for the purposes of subsection (1) in relation to an existing or a
threatened strike or lock-out arising out of an industrial dispute in any industry, are -
(a) that there is machinery of negotiation or arbitration for the voluntary settlement of
disputes in that industry;
(b) that a substantial proportion of the employees and of the employers in that industry are,
either directly or indirectly, parties to an agreement for the use of that machinery;
(c) that that machinery is suitable for the settlement of that dispute; and
(d) that all practical means of reaching a settlement of that dispute through that machinery
have not been exhausted.
90 Order for utilisation of legal remedies
(1) Where it appears to the Tribunal on an application made to it under this section that, in
regard to any existing or threatened strike or lock-out arising out of an industrial dispute,
the dispute relates wholly or mainly to issues specified in subsection (4), the Tribunal may
make an order under this section.
(2) An application under subsection (1) may be made by the Minister or by or on behalf of
any party to the dispute.
(3) An order under subsection (1) shall -
(a) require the parties named in it to make use of the procedure and remedies available
under this Act or any other enactment; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be
unlawful.
(4) The issues specified for the purposes of subsection (1) are issues or matters for the
determination of which procedures and other remedies are
available under this Act or any other enactment, and without prejudice to the generality of
the foregoing, include any issue or matter relating to -
(a) the recognition of a trade union of employees as having negotiating rights or
representational status;
(b) the introduction or implementation of a check-off agreement;
(c) the legal rights of individual employees, whether as employees or members of trade
unions.
91 Order for adherence to award and agreement
(1) Where it appears to the Tribunal on an application made to it under this section that, in
regard to any existing or threatened strike or lock-out arising out of an industrial dispute, all
the conditions specified in subsection (4) are fulfilled, the Tribunal may make an order
under this section.
(2) An application may be made under subsection (1) by the Minister or by or on behalf of
any party to the dispute and on any such application the Tribunal may, without hearing any
of the other parties to the dispute, make an interim order for such limited duration as the
Tribunal considers necessary and proper in order to safeguard the interests of the applicant.
(3) An order under subsection (1) shall -
(a) require the parties named in it to comply with the existing award or agreement; and
(b) declare any existing or threatened strike or lock-out in the industry named in it to be
unlawful until a date specified in the order, being a date on which, in the opinion of the
Tribunal, the award or agreement shall cease to have effect.
(4) The issues specified for the purposes of subsection (1) are issues or matters for the
determination of which procedures and other remedies are available under this Act or any
other enactment and, without prejudice to the generality of the foregoing, include any issue
or matter relating to -
(a) the recognition of a trade union of employees or a joint negotiating panel as having
negotiating rights or representational status;
(b) the introduction or implementation of a check-off agreement;
(c) the legal rights of individual employees, whether as employees or members of trade
unions.
E - UNLAWFUL STRIKES OR LOCK-OUTS
92 Unlawful strikes or lock-outs
(1) Subject to subsection (2) and (3), an existing or threatened strike or lock-out in any
industry shall be unlawful unless -
(a) a report of the industrial dispute out of which it arises has been made under section 79;
(b) 21 days have elapsed since the date on which the Minister received the report and the
dispute has not been settled or referred to the Commission or to the Tribunal; and
(c) the strike or lock-out commences within 56 days from the date on which the Minister
received the report.
(2) Where the parties to an industrial dispute have, under section 82(2)(b), declared that
they require a longer period than 21 days for the settlement of the dispute, an existing or
threatened strike or lock-out in any industry shall be unlawful unless -
(a) the longer period so declared, and a further period of 7 days thereafter, have elapsed,
and the dispute has not been settled or referred to the Tribunal; and
(b) the strike or lock-out commences within 35 days after the expiration of the longer
period so declared.
(3) Where the Minister has rejected the report of an industrial dispute and his declaration
has, on an appeal under section 81, been revoked, the time limits specified in subsection
(1) shall be reckoned as from the date of the decision of the Tribunal on the appeal.
93 Imperilling the national economy
Where a strike or lock-out which is not unlawful has commenced and the Prime Minister is of
opinion that the continuance of the strike or lock-out will imperil the national economy, he
may, by regulations, declare that strike or lock-out to be unlawful and, thereupon, the strike
or lock-out shall be unlawful for a period of 60 days beginning from the day following the
day on which the regulations are published.
PART VIII - REMUNERATION ORDERS
94 References to the Board
95 Recommendations
96 Remuneration Orders
97 Effect of Remuneration Order
98 Permits to infirm and incapacitated persons
94 References to the Board
(1) Where the Minister is of opinion that it is expedient to fix a minimum
remuneration in respect of any category of employees, he may refer the matter to the
Board.
(2)
(a) Without prejudice to subsection (1), a joint consultative or negotiating body composed
of representatives of substantial numbers of employees and of employers in any industry
may request the Minister to refer any matter concerning minimum remuneration in that
industry to the Board.
(b) The Minister shall consider any request under paragraph (a) and may, if he thinks fit,
refer the matter to the Board.
95 Recommendations
(1) Upon a reference under section 94, or on its own motion, the Board may submit to the
Minister recommendations -
(a) for fixing the remuneration (including holiday remuneration) to be paid and prescribing
the conditions of employment to be provided, either generally or for any particular industry,
by their employers to or for all or any of the employees of the category mentioned in the
recommendation; or
(b) for requiring holidays to be allowed by employers for any of the employees of the
category mentioned in the recommendation.
(2) Before submitting any recommendation to the Minister, the Board shall -
(a) make such investigations as it thinks fit;
(b) publish in the Gazette and in at least 3 daily newspapers a notice specifying that copies
of the recommendation it proposes to make may be obtained at the office of the Board and
the time, which shall not be less than 7 nor more than 14 days from the date of the
publication, within which written representations with respect to the proposed
recommendation may be sent to the Board;
(c) consider any written representation made within the time specified in the notice;
(d) make such further inquiries or give such further consideration to the matter as it thinks
necessary.
(3) The Board shall, not later than 28 days after the publication of the notice under
subsection (2)(b), submit its recommendation to the Minister, either without amendment or
with such amendments to the proposed recommendation as it thinks fit.
96 Remuneration Orders
(1) Where the Minister receives a recommendation under section 95, he may -
(a) by regulations, make a Remuneration Order implementing the recommendation;
(b) reject the recommendation and -
(i) make no Remuneration Order;
(ii) by regulations, make such Remuneration Order as he thinks fit; or
(c) refer the recommendation back to the Board with a request to reconsider
the recommendation in the light of observations the Minister may make.
(2) Where the Minister refers a recommendation back to the Board under subsection (1),
the Board shall reconsider the recommendation and make a fresh
recommendation to the Minister and, on the submission of a fresh recommendation
by the Board, the Minister may -
(a) by regulations, make a Remuneration Order implementing it; or
(b) reject the fresh recommendation and -
(i) make no Remuneration Order; or
(ii) by regulations, make such Remuneration Order as he thinks fit.
(3) The Minister shall cause every Remuneration Order under this section to be
published in the Gazette and in at least 3 daily newspapers.
(4) Any Remuneration Order under this section shall take effect from a date
which shall be specified in the Order, and different dates may be fixed in
relation to different categories of employees.
(5) A Remuneration Order may be made to take effect retrospectively.
(6) A Remuneration Order may authorise specified benefits or advantages, being
benefits or advantages provided by the employer or by some other person under an
arrangement with the employer, to be reckoned as payment of wages by the
employer in lieu of payment in cash, and defining the value at which any such
benefits or advantages are to be reckoned.
97 Effect of Remuneration Order
(1) Subject to section 98, where a Remuneration Order is in force in relation to
an employee, the Order shall have effect notwithstanding the terms and
conditions contained in any agreement entered into by the employee.
(2) Subject to subsection (3), any employer who contravenes any Remuneration
Order made in respect of his employee shall commit an offence and shall, on
conviction, be liable to imprisonment for a term not exceeding 6 months and to a
fine not exceeding 2,000 rupees.
(3) It shall be a defence in any proceedings under subsection (2) for an
employer to satisfy the Court -
(a) that he has used every diligence to ensure compliance with this Part;
(b) that the offence was committed -
(i) without his knowledge, consent, or connivance; or
(ii) by reason of a bona fide mistake in the keeping of his records; and
(c) that the consequences of the ignorance or mistake have been rectified.
(4) Where an employer is convicted of an offence under subsection (2) which
consists in the payment to an employee of a lesser remuneration than the minimum
remuneration specified in a Remuneration Order, the Court may, without prejudice
to any penalty which may be imposed under subsection (2), order the employer to
pay to the employee the amount which represents the difference between the
amount which ought to have been paid to the employee and the amount actually
paid.
98 Permits to infirm and incapacitated persons
(1) Where, in respect of a person employed or desiring to be employed in
circumstances in which a Remuneration Order applies or will apply to him, the
Principal Labour Officer or any public officer duly authorised by him is
satisfied, on application being made to him either by the person or his employer
or prospective employer, that the person is affected by infirmity or physical
incapacity which renders him incapable of earning the minimum remuneration
specified in a Remuneration Order, he may, subject to such conditions as he
thinks fit, grant a permit authorising the employment of that person at less
than the minimum remuneration so specified.
(2) Where a permit under subsection (1) is in force, the remuneration authorised
to be paid to the employee under the permit shall, subject to compliance with
the conditions under which the permit has been granted, be deemed to be the
minimum remuneration in relation to that employee.
(3) Where a person is employed at a lesser rate than the minimum remuneration
specified, the employer shall give written notice to the Principal Labour
Officer of the employment and of the rate of remuneration.
(4) Any person, employer or prospective employer who is aggrieved by the
decision of the Principal Labour Officer or officer authorised by him to grant
or to refuse to grant a permit under subsection (1) may make an application to
the Tribunal to reverse the decision, and, on hearing the application, the
Tribunal may make such order as it thinks fit.
PART IX - THE PUBLIC SERVICE AND CIVIL SERVICE UNIONS
99 Application of Act to public service
100 Civil Service Arbitration Tribunal
99 Application of Act to public service
In the application of this Act to the public service and civil service unions -
(a) the functions of the Permanent Arbitration Tribunal, the Industrial
Relations Commission and the Minister shall be exercised -
(i) in the case of the Tribunal, by the Civil Service Arbitration Tribunal
established under section 100;
(ii) in the case of the Commission, by such machinery as may be prescribed;
(iii) in the case of the Minister, by the Minister to whom responsibility
for the public service is assigned; and
(b) sub-Part C of Part IV, sub-Part G of Part VI, Part VIII, section 108(b)
and the Second Schedule shall not apply.
100 Civil Service Arbitration Tribunal
(1) There is established for the purposes of this Part a Tribunal to be known as
the Civil Service Arbitration Tribunal which shall consist of -
(a) a President to be appointed by the Minister; and
(b) 2 assessors who shall be chosen in such manner as may be prescribed.
(2) The President of the Permanent Arbitration Tribunal established under
section 39 may be appointed President of the Civil Service Arbitration Tribunal.
(3) In the exercise of its functions under this Act the Civil Service
Arbitration Tribunal shall, in so far as may be appropriate -
(a) have regard to the principles laid down in section 47;
(b) be guided by the Code of Practice set out in the Third Schedule.
(4) The Civil Service Arbitration Tribunal shall have such other functions as
may be prescribed or may otherwise be provided by Parliament.
(5) The Civil Service Arbitration Tribunal shall regulate its proceedings in
such manner as it may determine.
PART X - OFFENCES AND PENALTIES
101 Prevention of intimidation
102 Penalty for strike or lock-out offences
103 Offences by trade unions and officers
104 Other offences
101 Prevention of intimidation
(1) Without prejudice to the Public Order Act but subject to section 102, any
person acting on his own behalf or on behalf of a trade union may, in
contemplation or furtherance of an industrial dispute, attend at or near a place
where a person works or carries on business, either alone or in reasonable
numbers and at a reasonable time for the purpose of peacefully obtaining or
communicating information, or of peacefully persuading any other person to work
or abstain from working.
(2) Any person who, without lawful excuse, attends at or near a place where a
person works or carries on business, otherwise than in accordance with the
conditions specified in subsection (1) or for a purpose other than one that is
specified in subsection (1), shall commit an offence.
(3) Any person who, with a view to compelling any other person to abstain from
doing or to do any act which that other person has legal right to do or abstain
from doing, without lawful authority or excuse -
(a) uses violence on or intimidates such other person or his wife or children
or damages his property;
(b) persistently follows such other person about from place to place;
(c) hides any tools, clothes or other property owned or used by such other
person or deprives him of, or hinders him in, the use thereof;
(d) watches or besets the house or other place where such other person
resides, or works or carries on business, or happens to be, or approach to
such house or place; or
(e) follows such other person with 2 or more persons in a disorderly manner in
or through any street or road, shall commit an offence, and shall, on conviction, be liable to
a fine not exceeding 500 rupees and to imprisonment for a term not exceeding 3 months.
102 Penalty for strike or lock-out offences
(1) Any person who in connection with any strike or lock-out which is unlawful -
(a) calls, institutes, organises, carries on, procures or incites other
persons to take part in, the strike or lock-out; or
(b) takes part in or assists in the strike or lock-out, shall commit an
offence, and -
(i) in the case of an offence under paragraph (a) shall, on conviction, be
liable to a fine which shall not be less than 500 rupees nor more than 1000
rupees or to imprisonment for a term not exceeding 12 months;
(ii) in the case of an offence under paragraph (b) shall, on conviction, be
liable to a fine not exceeding 500 rupees and to imprisonment for a term not
exceeding 3 months.
(2) Any person who ceases work or refuses to continue work, being work which
under his terms and conditions of employment he is bound to do, in circumstances
which give rise to a reasonable suspicion that he is taking part in or acting in
furtherance of an unlawful strike, and fails to satisfy the Court that he ceased
work, or refused to continue work, as the case may be, for causes wholly
unconnected with that strike, shall commit the offence of taking part in an
unlawful strike.
(3) Any person who, for the purpose of promoting or maintaining a strike or
lock-out which is unlawful, directly or indirectly contributes financial
assistance -
(a) to a trade union of employees which calls, organises or carries on the
strike, or to any employee who takes part in or assists in the strike; or
(b) to an employer or trade union of employers which institutes, takes part in
or assists in the lock-out, shall commit an offence and shall, on conviction, be liable to a fine
not exceeding 10,000 rupees.
(4) Any trade union or any employee or employer or any other person who receives
financial assistance for the purpose of promoting or supporting a strike or
lock-out which is unlawful shall commit an offence and shall, on conviction, be
liable to a fine not exceeding 2,000 rupees.
(5) Where a person who commits an offence under this section was at the time of
the offence an officer of a trade union, it shall be presumed, until the
contrary is proved, that he committed the offence with the authority of the
trade union.
(6) Where an officer of a trade union commits an offence with the authority of
the trade union, every person who at the time of the offence was an officer of
the trade union shall likewise commit that offence, unless he proves that the
offence was committed without his consent or connivance and that he exercised
all reasonable diligence to prevent the commission of the offence.
103 Offences by trade unions and officers
(1) Any trade union which fails to comply with this Act or the Second Schedule
or any regulations made under this Act shall commit an offence and shall, on
conviction, be liable to a fine not exceeding 5,000 rupees.
(2) Any officer of a trade union who fails to comply with this Act or the Second
Schedule or any regulations made under this Act shall commit an offence.
(3) Where a trade union commits an offence under subsection (1) the officer
responsible under the rules of the trade union for complying with this Act, or
the Second Schedule or the regulation which has been contravened by the trade
union shall commit an offence unless he proves that the offence was committed
without his consent or connivance and that he exercised all reasonable diligence
to prevent the commission of the offence.
(4) Any officer of a trade union who commits an offence under this section
shall, on conviction, be liable to a fine not exceeding 2,000 rupees.
(5) Where an officer of a trade union is convicted under this section of a
misapplication of the funds of the trade union in breach of section 29 or 30 -
(a) he shall be disqualified for a period of 3 years for being an officer of a
trade union; and
(b) the Court may, in addition to any fine imposed upon the officer, order him
to refund to the trade union the amount of the funds illegally applied.
104 Other offences
Any person, other than an officer of a trade union, who fails to comply with
this Act or the Second Schedule or any regulations made under this Act shall
commit an offence and shall, on conviction, be liable to a fine not exceeding
500 rupees.
PART XI-MISCELLANEOUS
105 No pay while on strike
106 Service of notices
107 Publication of returns
108 Regulations
105 No pay while on strike
Notwithstanding any other enactment, an employee shall not be entitled to
receive, nor shall be awarded by any court or by the Tribunal, any wages in
respect of any day during which he takes part or assists in a strike.
106 Service of notices
(1) Subject to subsection (2), every notice or other document required to be
served on or sent to a trade union or to an officer shall be deemed to have been
duly served or sent if forwarded by registered post to the postal address of the
registered office of the trade union.
(2) Where any notice has to be served on or sent to a trade union and the trade
union -
(a) has ceased to exist; or
(b) has no registered office,
the notice shall be published in the Gazette and in 2 daily newspapers.
107 Publication of returns
The Registrar shall publish in a concise form, in the Gazette and in 2 daily
news-papers, the returns, other than the general statements prepared under
section 34 (2), submitted to him by trade unions under this Act.
108 Regulations
The Minister may make such regulations as he thinks fit for the purposes of this
Act, and in particular, but without prejudice to the generality of this power,
regulations may be made -
(a) to provide for the inspection of registers and documents kept by the
Registrar, and the making of copies of any entries in it;
(b) to provide for the operation, composition, rules and proceedings of works
councils and the tenure of office of their members;
(c) to provide for the records to be kept by trade unions;
(d) for the levying of fees and charges; and
(e) to amend the Schedules.
FIRST SCHEDULE
(section 17)
CONSTITUTION AND MANAGEMENT
1 The name of the trade union, and the address of its registered office.
2 The objects for which the trade union is established.
3 The election of the executive and the re-election of that body at regular
intervals not exceeding 2 years, and the manner in which members of the
executive may be removed.
4 The election or appointment of the officers of the trade union and the manner
in which they may be removed.
5 The powers and duties of the executive and of each of the officers of the
trade union.
6 The manner in which any branch of the trade union shall be formed; the
management of the branch; and the convening and conduct of meetings for the
transaction of the business of the branch.
7 The convening and conduct of meetings for the transaction of the business of
the trade union.
8 The circumstances in which and the persons by whom instructions may be given
to members of the trade union for any kind of industrial action (including a
strike or lock-out).
9 The conditions governing the eligibility of members of voting in any election
or ballot.
10 The manner in which, for any purpose of the trade union, elections are to be
held or ballots taken, including the procedure for the counting and scrutiny of
votes and ballot papers and the procedure for the declaration or notification of
the result of any election or ballot.
11 In the case of a federation of trade unions or a trade union of employers,
the circumstances (if any) in which the federation or the trade union may
negotiate and enter into agreements on behalf of its members.
12 The procedure to be followed for the alteration of the rules.
13 The circumstances and the manner in which the trade union may be dissolved.
MEMBERS OF THE TRADE UNION
14 The description of persons who are eligible for membership of the trade
union, the procedure for dealing with applications for membership, including
provision for appeals against decisions of the persons responsible for
determining such applications.
15
(a) the dues payable in respect of membership of the trade union (including
any contributions payable in respect of admission or re-admission); or the
basis on which the amount of the dues is to be determined.
(b) The procedure and penalties in case of default in payment of dues.
16
(a) The descriptions of conduct in respect of which disciplinary action
(whether by way of suspension, expulsion or otherwise) can be taken by or on
behalf of the trade union against any of its members.
(b) The nature of the disciplinary action which can be so taken in respect of
each such description of conduct.
(c) The procedure for the taking of disciplinary action, including provision
for appeals against decisions of the persons responsible for taking it.
17 The circumstances in which, and the procedure, other than expulsion by way of
disciplinary action, by which membership of the trade union may be terminated.
18 The procedure for inquiring into any complaint of a member of the trade union
that action contrary to the rules of the trade union has been taken by the trade
union or by any person acting on its behalf.
PROPERTY AND FUNDS OF THE TRADE UNION
19 The investment of the funds of the trade union (or their deposit in a bank).
20 The purposes for which, and the manner in which, any property or funds of the
trade union are authorised to be applied.
21 Where any financial benefits are to be available to members of the trade
union out of its property or funds, the circumstances in which those benefits
are to be available to members, and the amounts of those benefits.
22
(a) The keeping of a register of members showing the names, addresses and
payments made by the members.
(b) The keeping of proper accounting records, the preparation of accounts in
accordance with this Act.
(c) The audit of the register of members and of the accounts at least once
every 6 months.
(d) The rights of members of the trade unions to inspect the accounting
records and the register of members.
23 The amount of the security to be furnished by officers whose office is
connected with the collection, receipt and management of money on behalf of the
trade union.
24 The distribution of the property and funds of the trade union in the event of
its dissolution.
-------------------------
SECOND SCHEDULE
(sections 39,41 and 45)
PERMANENT ARBITRATION TRIBUNAL, INDUSTRIAL RELATIONS COMMISSION
AND NATIONAL REMUNERATION BOARD
PART I
ORGANISATION AND SITTINGS OF TRIBUNAL
1 The Tribunal shall have an official seal.
2 The Tribunal may sit -
(a) in one or 2 divisions as may be necessary;
(b) at any time and at any place in Mauritius.
3 (1)
(a) The jurisdiction of the Tribunal shall be exercised by a division of the
Tribunal.
(b) Every division of the Tribunal shall -
(i) be presided over by the President or Vice-President of the Tribunal; and
(ii) consist of the presiding member and 2 other members.
(2) Applications in respect of such matters as the rules of the Tribunal may
specify may be heard and determined by the President or any member of the
Tribunal designated by the President for the purpose.
(3) Where in the course of any proceeding before the Tribunal, a vacancy arises
in relation to one of the members other than the President, or the
Vice-President, as the case may be, the remaining 2 members of the Tribunal may,
where the parties to the proceedings agree, continue and conclude those
proceedings notwithstanding the vacancy.
(4) Where the Tribunal proceeds in accordance with subparagraph (3), no act,
proceedings or determination of the Tribunal shall be called in question or
invalidated by reason of the vacancy.
4 (1) Where it appears to the President to be expedient to do so, he may appoint
2 assessors to assist the members of the Tribunal in the determination of any
particular reference or appeal before the Tribunal, one from a panel of not less
than 6 persons appointed by the Minister after consultation with such
representatives of employers as he considers appropriate, and one from a panel
of not less than 6 persons appointed by the Minister after consultation with
such representatives of employees as he considers appropriate.
(2) Where, in the course of any proceedings before the Tribunal, an assessor
appointed under paragraph (1) is absent, the Tribunal may continue and conclude
those proceedings notwithstanding the absence of the assessor.
5 Any award or decision of the Tribunal shall be that of the members of the
Tribunal and, in the event of any disagreement -
(a) of the majority of such members, if there are 3; and
(b) of the President or Vice-President, as the case may be, where there are
only 2 members.
PRACTICE AND PROCEDURE OF TRIBUNAL
6 (1) The Tribunal shall so exercise its jurisdiction in any proceedings as to
enable the parties to the proceedings to avail themselves of the conciliation
services of the Commission, or of other opportunities for conciliation.
(2) The Tribunal may in relation to any dispute or other matter before it -
(a) remit the matter, subject to such conditions as it may determine, to the
parties for further consideration by them with a view to settling, or
limiting, the several issues in dispute;
(b) dismiss any matter or refrain from further hearing or from determining the
matter, where it appears to the Tribunal that the matter is trivial, or that
further proceedings are unnecessary, or undesirable in the public interest;
(c) hear and determine the matter in the absence of any party who has duly
been summoned to appear before the Tribunal and has failed to do so;
(d) order any person to be joined as a party to the proceedings who in the
opinion of
the Tribunal -
(i) may be affected by an order or award; or
(ii) ought in the interests of justice to be joined as a party, and to do so
on such terms and conditions as the Tribunal may decide;
(e) generally give all such directions and make all such orders, whether
interim or permanent, conditional or unconditional, and do all such things as
are necessary or expedient for the expeditious determination of that matter.
7 (1) Subject to subparagraph (2), the Tribunal may not order the payment of
costs or expenses by any party to proceedings before the Tribunal.
(2) Where, in the opinion of the Tribunal--
(a) any proceedings before the Tribunal were unnecessary, improper or
vexatious; or
(b) there has been unreasonable delay or other unreasonable conduct in
bringing or conducting the proceedings,
the Tribunal may order a party to the proceedings to pay to any other party such
amount as it may specify towards the costs or expenses incurred by the other
party in connection with the proceedings.
PART IAORGANISATION AND SITTINGS OF THE BOARD Back to Top
7A (1) The Board may sit -
(a) in one or 2 divisions as may be necessary;
(b) at any time and at any place in Mauritius.
(2) The jurisdiction of the Board shall be exercised by a division of the Board.
(3) Every division of the Board shall -
(a) be presided over by the Chairman or Vice-Chairman of the Board; and
(b) consist of the presiding member and 4 other members.
PART II
MEMBERSHIP OF TRIBUNAL, COMMISSION AND BOARD
8 (1) A member, other than the President or Vice-President of the Tribunal -
(a) shall be appointed from among the persons experienced in the field of
industry, commerce, finance or industrial relations; and
(b) shall hold and vacate office in accordance with the terms of his letter of
appointment.
(2) A person shall not be qualified to be appointed as a member--
(a) where he is a member of, or a candidate for election to, the Assembly or
any local authority; or
(b) in the case of the Tribunal or the Commission, where he is a public
officer, a local government officer or an officer of a trade union.
(3) Previous membership shall not affect eligibility for re-appointment.
9 A member may at any time resign his office by notice in writing addressed to
the Minister.
10 The Minister may remove a member, other than the President or Vice-President
of the Tribunal, from office.
11 The appointment and the termination of office of every member shall be
notified in the Gazette.
12 (1) Notwithstanding that the term of his office has expired, a member may,
with permission given in accordance with subparagraph (2), continue his office
for so long after the end of his term as may be necessary to enable him to
complete the performance of any duty that was commenced before his term of
office expired.
(2) For the purpose of this paragraph, permission may be given -
(a) in the case of the President of the Tribunal, the Chairman of the
Commission or the Chairman of the Board, by the Minister;
(b) in the case of any other member, by the President of the Tribunal, the
Chairman of the Commission, or the Chairman of the Board, as the case may be.
13 --
14 (1) Subject to any regulations made in that behalf, the Tribunal, the
Commission and the Board may regulate their own procedure.
(2) The Tribunal, the Commission and the Board shall seek to avoid formality in
their proceedings.
15 A member of the Tribunal, the Commissioner or the Board who has a direct or
indirect interest in any matter which is the subject of proceedings before the
Tribunal, the Commission or the Board shall not take part in those proceedings.
16 The Tribunal, the Commission or the Board may appoint committees from among
its members to examine and report on any matter connected with its functions
under this Act.
17 (1) The Tribunal, the Commission and the Board shall not be bound by the law
of evidence in force in Mauritius.
(2) Where any witness objects to answering any question or to producing any
relevant document on the ground that it will tend to incriminate him, or on any
other ground which he could lawfully raise in civil or criminal proceedings, he
shall not be required to answer the question or to produce the document, and
shall not be liable to any penalty for refusing to do so.
(3) For the purpose of dealing with any matter before it, the Tribunal, the
Commission or the Board may, by order, require any person -
(a) to furnish, in writing or otherwise, such particulars in relation to any
matter as may be required;
(b) to attend before it and to give evidence on oath or otherwise; or
(c) to attend before it and produce any document.
(4) Any order made under subparagraph (3) may include a requirement as to the
date on which or the time within which the order is to be complied with.
(5) Any order purporting to be signed by or under the authority of the President
or Vice-President of the Tribunal, the Chairman of the Commission or the
Chairman or Vice-Chairman of the Board shall be presumed, until the contrary is
proved, to have been given by the Tribunal, the Commission or the Board, as the
case may be.
(6) Any person who without lawful excuse fails to obey an order given under
subparagraph (3) shall commit an offence.
(7) Any person who, being required by an order made under subparagraph (3) to
furnish information, makes a statement or furnishes any information which he
knows, or has reasonable cause to believe, to be false or misleading in a
material particular shall commit an offence.
(8) Any witness who is required to attend before the Tribunal, the Commission or
the Board shall be entitled to the fees or allowances prescribed in the
Witnesses Attendance Allowances Act for witnesses in civil cases.
18 (1) There shall not be included in any publication relating to any order,
award, report, recommendation or other statement made or authorised by the
Tribunal, the Commission or the Board or by the Minister, any information
disclosed during the course of proceedings under this Act by any party or
witness in proceedings before the Tribunal, the Commission or the Board which
was made known to the Tribunal, the Commission or the Board only by the
disclosure, and in respect of which the party or witness has made a request
during the proceedings that the information be withheld from publication, and no
person concerned in or present at any proceedings of the Tribunal, the
Commission or the Board shall publish or disclose the information to any person
not concerned in or present at those proceedings, except with the consent of the
party or witness.
(2) Any person who publishes or discloses any information in breach of
subparagraph (1), shall commit an offence.
(3) Subparagraphs (1) and (2) shall be without prejudice to the power of the
Tribunal, the Commission or the Board to take such other steps as they consider
necessary or desirable to safeguard national or industrial secrets or other
information appearing to the Tribunal, the Commission or the Board to be
deserving of confidential treatment.
19 It shall be in the discretion of the Tribunal, the Commission and the Board
to admit or exclude the public or representatives of the press from any of their
proceedings
20 (1) In relation to proceedings before the Tribunal, the Commission or the
Board -
(a) where the public or representatives of the press are excluded, no report
or summary of the proceedings may be published; and
(b) where the public or representatives of the press are permitted to be
present, a fair and accurate report or summary of the proceedings may be
published.
(2) Until the order, award, report or other result of the proceedings has been
published in accordance with this Act, no comments shall be published in respect
of the proceedings or any evidence adduced in the course of those proceedings.
(3) Any person who, before any award, order or other result of any proceedings
before the Tribunal, the Commission or the Board has been published in
accordance with this Act, publishes -
(a) the terms of the order, award, report or other result; or
(b) any comment on the proceedings or any evidence adduced, shall commit an
offence.
21 Any person who -
(a) at any sitting of the Tribunal, the Commission or the Board -
(i) wilfully insults any member thereof; or
(ii) wilfully interrupts the proceedings; or
(b) commits any contempt of the Tribunal, the Commission or the Board,
shall commit an offence.
MISCELLANEOUS
22 The Tribunal, the Commission and the Board shall be assisted in the
performance of their functions by such public officers as the Minister may
determine.
23 Proceedings before the Tribunal, the Commission and the Board shall be exempt
from stamp duty and registration dues.
THIRD SCHEDULE
(section 52)
CODE OF PRACTICE
PART I - INTRODUCTION Back to Top
1 This Code is founded on the following 4 main propositions -
(a) The employer and his employees have a common interest in the success of
the undertaking;
(b) good industrial relations are the joint responsibility of management and
employees and the trade unions representing them;
(c) collective bargaining, carried out in a reasonable and constructive manner
between employees and strong representative trade unions, is the best method
of conducting industrial relations;
(d) good human relations between employers and employees are essential to good
industrial relations.
2 The standards set by this Code are not intended to be exhaustive, or to
prevent the introduction or recommendation by any person or authority concerned,
of any additions or improvements.
PART II - RESPONSIBILITIES
MANAGEMENT
3 While good industrial relations are a joint responsibility, the primary
responsibility for their promotion rests with management.
4 Management at all levels shall give regular attention to industrial relations,
and managers shall wherever possible receive training in the industrial
relations implications of their jobs.
5 Where a trade union has negotiating rights, management shall -
(a) jointly with the trade union maintain effective arrangements for
negotiation, consultation and communication, and for settling grievances and
disputes;
(b) take all reasonable steps to ensure that managers observe collective
agreements and use agreed procedures; and
(c) make clear to employees that it welcomes their membership of the
recognised trade union and their participation in the trade union's
activities.
6 Where a trade union has representational status, management shall -
(a) maintain effective arrangements for consultation, communication and for
settling individual grievances of members of the trade union, and ensure that
those arrangements fully satisfy the rights of representation of the trade
union, whether established by law or by agreement;
(b) take all reasonable steps to ensure that managers use those arrangements;
and
(c) make clear to employees that it respects their rights to join a registered
trade union and to take part in its activities, which include seeking
recognition for negotiating purposes.
7 Effective organisation of work is an important factor in good industrial
relations. Management shall therefore ensure that -
(a) responsibility for each group of employees is clearly defined in the
organisational structure;
(b) each manager understands his responsibilities and has the authority and
training necessary to do his job; and
(c) individual employees or work groups know their objectives and priorities
and are kept informed of progress towards achieving them.
TRADE UNIONS OF EMPLOYEES
8 The principal aim of trade unions of employees is to promote their members'
interests. They can do this only if the undertakings in which their members are
employed prosper. They therefore have an interest in co-operating in measures to
promote efficiency. They also share with management the responsibility for good
industrial relations.
9 Trade unions of employees shall therefore -
(a) where appropriate, jointly with individual managements, maintain effective
arrangements for negotiation, consultation and communication and for settling
grievances and disputes;
(b) where appropriate, jointly with employer's associations and others
concerned, maintain effective arrangements at industry or other levels for
settling disputes and for negotiating terms and conditions of employment;
(c) take all reasonable steps to ensure that their officers and members
observe collective agreements and use agreed procedures; and
(d) maintain effective procedures for resolving particular issues with other
trade unions and make full use of any procedures established for settling
inter-union disputes.
10 Trade unions of employees shall ensure that their officers -
(a) understand the organisation, policies and rules of the union;
(b) understand their powers and duties; and
(c) are adequately trained to look after their member's interests in an
efficient and responsible way.
11 To ensure that their organisation is effective, trade unions of employees
shall also -
(a) employ enough full-time officers to maintain adequate contact with
management and with their members in every establishment where the trade union
has negotiating rights, and with any employers' association concerned;
(b) encourage their members to attend union meetings and to take part fully in
union activities by holding branch meetings at times and places convenient to
the majority; and
(c) maintain effective procedures for settling disputes within the union.
TRADE UNIONS OF EMPLOYERS
12 The principal aim of trade unions of employers is to promote those interests
of their members which can best be served by co-operation at industry or other
appropriate levels.
13 Trade union of employers shall therefore -
(a) where appropriate, jointly with the trade unions concerned, maintain
effective arrangements at industry or other levels for settling disputes and
for negotiating terms and conditions of employment;
(b) encourage their members to develop effective arrangements for setting
grievances and disputes at the level of the establishment or undertaking;
(c) take all reasonable steps to ensure that their members observe collective
agreements and use agreed procedures;
(d) identify trends in industrial relations to help their members to
anticipate and keep abreast of change;
(e) collect and analyse information about industrial relations and distribute
it to their members; and
(f) provide an advisory service to their members on all aspects of industrial
relations.
THE INDIVIDUAL EMPLOYEE
14 The individual employee has obligations to his employer, to his trade union
if he belongs to one, and to his fellow employees. He shares responsibility for
the state of industrial relations in the establishment where he works and his
attitudes and conduct can have a decisive influence on them.
15 Every employee shall -
(a) satisfy himself that he understands the terms of his contract and abide by
them; and
(b) make himself familiar with any arrangements for dealing with grievances
and other questions which may arise on his contract, and make use of them when
the need arises.
16 Some employees have special obligations arising from membership of a
profession and are liable to incur penalties if they disregard them. These may
include obligations, for example in regard to health, safety and welfare, over
and above those which are shared by the community as a whole.
17 A professional employee who belongs to a trade union shall respect the
obligations which he has voluntarily taken on by joining the union. But he shall
not, when acting in his professional capacity, be called upon by his trade union
to take action which would conflict with the standards of work or conduct laid
down for his profession, and in particular if that action would endanger -
(a) public health or safety;
(b) the health of an individual needing medical or other treatment; or
(c) the well-being of an individual needing care through the personal social
services.
18 Professional associations, employers and trade unions shall co-operate in
presenting and resolving any conflicts which may occur between obligations
arising from membership of a profession and those which the professional
employee owes to his employer and to his trade union if he belongs to one.
PART III - EMPLOYMENT POLICIES
GENERAL
19 Clear and comprehensive employment policies are essential to good industrial
relations. Management shall initiate these policies, but they shall be developed
in consultation or negotiation as appropriate, with representatives.
20 Employment policies shall include positive policies -
(a) to avoid discrimination on grounds of race, place of origin, political
opinions, colour or creed; and
(b) to promote equal opportunity in employment.
PLANNING AND USE OF MANPOWER
21 Manpower planning, (such as taking stock, calculating future requirements,
identifying the action necessary) shall be carried out in a manner appropriate
to the size and nature of the undertaking.
22 In operating its manpower policies management shall -
(a) avoid unnecessary fluctuation in manpower;
(b) where changes are necessary, make them with as little disruption as is
practicable to the employees concerned;
(c) maintain arrangements for transferring employees from one job to another
within the undertaking; and
(d) record information which will help it to identify the cause of, and to
control, absenteeism and labour turnover.
RECRUITMENT AND SELECTION
23 In recruiting and selecting employees management shall -
(a) decide the qualifications and experience needed by applicants;
(b) consider filling vacancies by transfer or promotion from within the
undertaking;
(c) obtain as much information about applicants as is relevant to selection
for the job, but avoid inquiries which are unnecessary for that purpose;
(d) base selection on suitability for the job; and
(e) explain the main terms and conditions of employment and give any relevant
information about trade union arrangements before an applicant is engaged.
TRAINING
24 Management shall ensure that new employees are given -
(a) induction training, including information about the matters referred to in
paragraph 45; and
(b) training needed to supplement previous education, training and experience.
25 Management shall ensure that young people entering employment for the first
time are in addition given broader initial instruction covering -
(a) a general introduction to their working life, including the importance of
health and safety precautions; and
(b) basic training in related skills, where appropriate, as well as specific
training in their particular job.
26 Management shall -
(a) ensure that any necessary further education and training is provided when
there is a significant change in the content or level of the job; and
(b) encourage employees to take advantage of relevant further education and
training opportunities at all stages of their careers.
PAYMENT SYSTEMS
27 Payment systems vary according to the nature and organisation of the work,
local conditions and other factors, but the following principles apply
generally.
28 Payment systems shall be -
(a) kept as simple as possible, consistent with their purpose, so that
employees can understand them;
(b) based wherever applicable on some form of work measurement under which
payment is linked to performance; and
(c) jointly negotiated where trade unions have negotiating rights.
29 Differences in remuneration shall be related to the requirements of the job,
which shall wherever possible be assessed in a rational and systematic way in
consultation with the trade unions concerned.
30 Payment systems shall be kept under review to make sure that they suit
current circumstances and take account of any substantial changes in the
organisation of work or the requirements of the job.
STATUS AND SECURITY OF EMPLOYEES
31 As far as is consistent with operational efficiency and success of the
undertaking, management shall -
(a) provide stable employment, including reasonable job security for employees
absent through sickness or other causes beyond their control; and
(b) avoid unnecessary fluctuations in the level of earnings of employees.
32 Differences in the conditions of employment and status of different
categories of employees and in the facilities available to them shall be based
on the requirements of the job. The aim shall be progressively to reduce and
ultimately to remove differences which are not so based. Management, employees
and trade unions shall co-operate in working towards this objective.
REDUCTION OF WORK-FORCE
33 A policy for dealing with reductions in the work force, if they become
necessary, shall be worked out in advance so far as practicable and shall form
part of the undertaking's employment policies. As far as is consistent with
operation efficiency and the success of the undertaking, management shall, in
consultation with the trade unions concerned, seek to avoid redundancies by such
means as -
(a) restrictions on recruitment;
(b) retirement of employees who are beyond the normal retiring age;
(c) reductions in overtime;
(d) short-time working to cover temporary fluctuations in manpower needs; or
(e) re-training or transfer to other work.
34 Where redundancy becomes necessary, management in consultation, as
appropriate, with the appropriate Ministry and with the employees or their trade
unions, shall -
(a) give as much warning as practicable to the employees concerned and to the
Ministry;
(b) consider introducing schemes for voluntary redundancy, retirement,
transfer to other establishments within the undertaking, and a phased rundown
of employment;
(c) establish which employees are to be made redundant and the order of
discharge;
(d) offer help to employees in finding other work, in co-operation with the
Ministry; and
(e) decide how and when to make the facts public, ensuring that no
announcement is made before the Ministry, employees and their trade unions
have been informed.
WORKING CONDITIONS
35 Management shall, in consultation and co-operation with employees and their
trade union, aim at improving on the minimum standards of working conditions
specified in any other enactment.
36 Management and trade unions shall -
(a) take all reasonable steps to ensure that employees understand and observe
all health and safety precautions, whether established by law or by agreement
and in particular make use of protective equipment; and
(b) maintain regular consultation about matters of health and safety.
PART IV - COMMUNICATION AND CONSULTATION
GENERAL
37 Management and trade unions shall co-operate in ensuring that effective
communication and consultation take place so as to promote efficiency,
understanding and the individual employee's sense of satisfaction and
involvement in his job.
38 Communication and consultation are particularly important in times of change.
The achievement of change is a joint concern of management and employees and
shall be carried out in a way which pays regard both to the efficiency of the
undertaking and to the interest of employees. Major changes in working
arrangements shall not be made by management without prior discussions with
employees or their trade unions.
39 When changes in management take place, for example, following a merger or
take-over, the new managers shall make prompt contact with the trade unions
concerned and take steps to explain changes in policy affecting employees.
COMMUNICATIONS
40 The most important method of communication is through personal contact
between each manager and his immediate work group or individual employees, and
between managers and employee representatives.
41 Personal contact shall when appropriate be supplemented by written
information and may be further supplemented by training and induction lectures
or courses, and special meetings.
42 Management shall, as far as it is reasonably possible, regularly provide
employees with information about-
(a) the performance and plans of the establishment in which they work and, so
far as they effect it, of the whole undertaking; and
(b) changes in organisation and management affecting employees.
43 It is the duty of managers at all levels to those responsible to them to
explain management policies clearly and to give clear working instructions.
44 Management and trade unions shall co-operate to ensure that management is
kept informed of the views of employees and of the problems they may face in
meeting management's objectives.
45 Management and trade unions shall use their best endeavours and co-operate to
ensure that each employee is adequately informed about -
(a) the main terms and conditions of his employment;
(b) the requirements of his job and to whom he is directly responsible;
(c) disciplinary and grievance procedures;
(d) trade union arrangements and his rights of association;
(e) social and welfare facilities;
(f) fire prevention, safety and health rules; and
(g) the conclusions reached through negotiation and consultation.
46 Trade unions shall -
(a) ensure that they have the means to communicate effectively with those whom
they represent; and
(b) recognise that management has a responsibility for communicating directly
with its employees.
CONSULTATION
47 Consultation means jointly examining and discussing problems of concern to
both management and employees. Consultation between management and employees or
their trade union representatives about operational and other day-to-day matters
is necessary in all establishments, whatever their size. Large establishments
shall have systematic arrangements for management and trade union
representatives to meet regularly.
48 Management shall take the initiative in setting up and maintaining
consultative arrangements best suited to the circumstances of the establishment,
in co-operation with the trade unions concerned. The arrangements shall not be
used to bypass or discourage trade unions.
49 Consultation and negotiation are closely related but distinct processes.
Management and trade unions shall consider carefully how to link the two. It may
often be advantageous for the same committee to cover both. Where there are
separate bodies, systematic communication between those involved in the 2
processes is essential.
PART V - COLLECTIVE BARGAINING
GENERAL
50 Collective bargaining may take place at various levels, ranging from an
industry to a group of employees within an establishment. Negotiations for the
same group of employees may be conducted at different levels about different
subjects.
51 Where negotiations take place at more than one level, the matters to be
bargained about at each level shall be defined by agreement. The aim shall be to
assign to each level the matters which can be realistically settled at the
level. Equally, whatever the level at which an agreement is reached, its terms
shall be capable of being applied effectively at the place of work.
BARGAINING UNITS
52 Collective bargaining in an establishment or undertaking is conducted in
relation to defined groups of employees which can appropriately be covered by
one negotiating process.
53 A bargaining unit shall cover as wide a group of employees as practicable.
Too many small units make it difficult to ensure that related groups of
employees are treated consistently. The number of separate units can often be
reduced by the formation of a joint negotiating panel representing a number of
unions.
54 The interests of employees covered by a bargaining unit need not be
identical, but there shall be a substantial degree of common interest. In
deciding the pattern of bargaining arrangements, the need to take into account
the distinct interests of professional or other employees who form a minority
group shall be balanced against the need to avoid unduly small bargaining units.
55 Factors which shall be taken into account in defining a bargaining unit
include -
(a) the nature of the work;
(b) the training, experience and professional or other qualifications of the
employees concerned;
(c) the extent to which they have common interests;
(d) the general wishes of the employees concerned;
(e) the organisation and location of the work;
(f) hours, working arrangements and payment systems;
(g) the matters to be bargained about;
(h) the need to fit the bargaining unit into the pattern of union and
management organisation;
(i) the need to avoid disruption of adequate existing bargaining arrangements
which are working well;
(j) whether separate bargaining arrangements are needed for particular
categories of employees, such as supervisors or employees who represent
management in negotiation.
56 Where proposals are made for establishing or varying a bargaining unit, the
first aim of, management and unions shall be to reach agreement on a voluntary
basis. Where this proves impossible, parties shall, jointly or separately,
consider -
(a) referring the matter to an employers' association, or to a higher level
within the trade union;
(b) referring the matter to the Commission for examination and advice.
RECOGNITION - GENERAL CONSIDERATION
57 The interests of employees are best served by strong and effective trade
unions.
58 The competition of separate trade unions for the right to negotiate for the
same grades of employees leads to friction and weakens the trade unions.
59 Recognition agreements applying to an industry and made between federations
or groups of trade unions and employers shall be concluded whenever appropriate.
60 Recognition of a trade union shall not depend upon its having as members any
given percentage of the grade or grades of employees in question, and likewise
withdrawal of recognition shall not necessarily follow from any given fall in
the number of such members.
CLAIMS FOR RECOGNITION
61 A claim for recognition by a trade union shall not be entertained in so far
as that claim is founded on the race, caste, community, political opinions,
creed or sex of the members of the union.
62 Claims by trade unions for recognition for negotiating purposes shall, as far
as possible, be settled voluntarily between the parties.
63 In the case of any claim, management is entitled to know the number, but not
the identities, of the employees, covered by the proposed bargaining unit who
are members of the union making the claim. Where the extent of support cannot be
agreed, it shall be determined by arrangements agreed between the parties, for
example, by a secret ballot.
64 Where management is not facing conflicting claims by 2 or more trade unions,
management shall consider whether the support for the claim among the employees
concerned, whether members of the union or not, is sufficient to enable the
union to be adequately representative for negotiating purposes. Where the union
has sufficient support, management shall, unless there are other circumstances
which in the view of management justify refusal of recognition, recognise that
union for negotiating purposes. Where there is failure to agree, the parties
shall have the matter considered by the Commission.
DUAL RECOGNITION
65 In general, it is in the interests of employees and of the industry that any
given grade of employees in an undertaking should be represented by a single
trade union.
66 The fact that conflicting claims are made by trade unions to represent a
given grade of employees is not of itself justification for the employer to
refuse to recognise any union for negotiating purposes.
67 Where 2 or more trade unions seek recognition in respect of the same grade of
employees, those unions shall examine the possibilities of an amalgamation, or
of the formation of a joint negotiating panel, or of some other appropriate
variation in the trade union structure in the industry in question.
68 An employer shall not be required to recognise as representing any given
grade of his employees more than one trade union, where the trade unions
concerned are or shall be capable of working harmoniously through a joint
negotiating panel.
69 Responsibility for avoiding disputes between trade unions about recognition
lies principally with the trade unions themselves. Employers shall not be put
under any pressure to abandon a position of neutrality where rival claims are
concerned, and a position of neutrality must include the honouring of all
existing collective bargaining commitments. The parties shall be willing to
refer any differences between them to the Commission.
70 The responsibility of a trade union for the failure of an existing joint
negotiating panel, or for the failure of a proposed panel to gain acceptance,
shall weigh heavily against any claim by that trade union for individual
recognition.
71 Where there is any uncertainty as to the prospect of a joint negotiating
panel acting as a single entity and behaving responsibly towards the employer,
the formation of that panel may be recommended or agreed for a trial period, or
for more than one trial period.
AFTER RECOGNITION
72 Relations between management and trade unions which it recognises for
negotiating purposes shall be based on agreed procedures which provide a clear
set of rules and a sound basis for resolving conflicts of interest.
73 Management shall agree with recognised trade unions on the provision of
reasonable facilities to enable them to keep in touch with their members and to
represent them effectively.
74 Management and recognised trade unions shall facilitate and encourage
personal contact and discussion between managers and officers of the trade
unions at all appropriate levels. Contact shall not be left until difficulty
arises.
WITHDRAWAL OF RECOGNITION
75 The recognition of a new trade union may give rise to the question of the
withdrawal of the recognition of another trade union. Although dual recognition
is undesirable, it does not follow that the recognition of a new trade union
must inevitably result in the withdrawal of the recognition of the old trade
union. Where both trade unions are deserving of recognition, the decision shall
be influenced, not only by the numerical support currently shown for each trade
union, but by the past history and record and like future record of the trade
unions, and particularly by the willingness of each trade union to co-operate
with the other and with the employer in resolving the issue, whether by forming
a joint negotiating panel or otherwise.
76 A trade union claiming to take the place of an existing recognised trade
union shall first prove that the latter has failed and is unable adequately to
represent the interests of the trade or grades of employees concerned. The case
shall be fully substantiated, and great weight shall not be attached to faults
that could have been remedied by discussion within the existing trade union in
accordance with ordinary trade union practice.
77 It is in the joint interest of employers and employees that allegations of
inadequate trade union organisation shall be fully investigated.
78 Where the failure and inadequacy of an existing recognised trade union has
been substantiated in accordance with paragraph 76, the next question to be
examined is the adequacy of the organisation of the trade union claiming
recognition in the place. The claimant trade union shall be required to prove
that it is better fitted, and therefore more likely to serve the interests of
its members, than the existing recognised trade union.
COLLECTIVE AGREEMENTS
79 Collective agreements deal with matters of procedure and matters of substance
which are of joint concern to management and employees. A single agreement may
contain provisions of both kinds or they may be dealt with in separate
agreements. In either case, the agreement shall be in writing and there shall be
agreements for checking that procedural provisions have not become out of date.
80 Procedural provisions shall lay down the constitution of any joint
negotiating body or specify the parties to the procedure. They shall also cover
-
(a) the matters to be bargained about and the levels at which bargaining shall
take place;
(b) arrangements for negotiating terms and conditions of employment and the
circumstances in which either party can give notice of their wish to
re-negotiate them;
(c) facilities for trade union activities in the establishment and the
appointment, status and functions of union officers;
(d) procedures of settling collective disputes and individual grievances and
for dealing with disciplinary matters; and
(e) the constitution and scope of any consultative committee.
81 Substantive provisions settle terms and conditions of employment. They shall
indicate the period for which they are to apply, and cover -
(a) wages and salaries, where appropriate, overtime rates, bonuses, piecework
and other systems relating earnings to performance;
(b) hours of work, and, where appropriate, provisions for overtime, and shift
working; and
(c) holiday entitlement and pay.
82 Agreements may also cover such matters as -
(a) techniques for determining levels of performance and job grading, for
example, work measurement and job evaluation;
(b) procedures for handling redundancy and temporary lay-offs; and
(c) the deduction by management of trade union dues from the pay of members.
83 There is advantage in agreeing at industry level as much as suitable for
adoption over the industry as a whole, including
(a) terms and conditions of employment suitable for general application;
(b) general guide-lines for negotiating at a lower level matters which cannot
be decided satisfactorily at industry level; and
(c) a procedure for settling disputes, either for the industry as a whole or
as a model for individual undertakings to adopt by agreement.
84 To maintain fair and stable pay structures, an agreement reached at the level
of the establishment or undertaking shall define -
(a) how and within what limits any negotiations at a lower level shall be
conducted;
(b) how it relates to any relevant industry-wide agreement.
DISCLOSURE OF INFORMATION
85 Collective bargaining can be conducted responsibly only where management and
trade unions of employees have adequate information on the matters being
negotiated.
86 Management shall endeavour to meet all reasonable requests from trade unions
of employees for information which is relevant to the negotiations in hand. In
particular, it shall, in the most convenient form, make available, the
information which is supplied to shareholders or published in annual reports.
PART VI - EMPLOYEE REPRESENTATION AT THE PLACE OF WORK
87 Employees need work-place representatives to put forward their collective
views to management and to safeguard their interests. It is also an advantage
for management to deal with representatives who can speak for their fellow
employees.
88 A work-place representative is the representative of the members of his trade
union in the place of work, but the trade union of which he is an officer is
responsible for his actions as its officers. Accordingly, trade unions shall
clearly define the powers and duties of work-place representatives, and the
circumstances and manner in which they can be removed from office.
89 Trade unions and management shall seek agreement on -
(a) the number of work-place representatives needed in the establishment; and
(b) the work groups for which each representative is responsible.
90 To encourage trade union members to vote in elections of representatives,
management shall offer the trade unions facilities to conduct elections in the
establishment and to publicise the dates and details.
91 Trade unions shall notify management promptly in writing when officials are
appointed and when changes are made.
92 Trade unions shall -
(a) give each work-place representative written credentials setting out his
powers and duties within the trade union, the work group he represents and his
term of office; and
(b) seek agreement with management on the issue of joint written credentials
setting out the relevant rights and obligations of such representatives and of
management.
93 Where more than one trade union is recognised but each trade union has only a
small number of members, the trade unions shall seek to agree on the election of
one representative to represent all their members in the establishment.
94 Where there are a number of senior representatives of different trade unions
which negotiate jointly, the trade unions shall seek to agree on the election of
one of them to co-ordinate their activities in the establishment.
95 In each of these cases trade unions shall seek agreement with management on
the co-ordinating functions of the representative concerned.
96 The facilities needed by work-place representatives will depend on their
functions. The nature and extent of these facilities shall be agreed between
trade unions and management. As a minimum, they shall be given -
(a) time off from the job to the extent reasonably required for their
relations functions, permission not being unreasonably withheld; and
(b) maintenance of earnings while carrying out those functions.
97 Management shall also make available other facilities appropriate to the
circumstances. They may include -
(a) lists of new employees;
(b) accommodation for meetings with the employees whom they represent, with
other representatives and with officers;
(c) access to a telephone and the provision of notice boards; and
(d) the use of office facilities where the volume of the representative's work
justifies it.
98 Each trade union shall ensure that its own representatives are adequately
informed about its policies and organisation and about the agreements to which
it is a party. Management shall ensure that the representatives are adequately
informed about its objectives and employment policies.
PART VII - GRIEVANCE AND DISPUTES PROCEDURES
GENERAL
99 All employees have a right to seek redress for grievances relating to their
employment. Each employee must be told how he can do so.
100 Management shall establish, with the trade unions of employees concerned,
arrangements under which individual employees can raise grievances and have them
settled fairly and promptly. There shall be a formal procedure, except in very
small establishments where there is close personal contact between the employer
and his employees.
101 Where trade unions are recognised, management shall establish with them a
procedure for settling collective disputes.
102 Individual grievances and collective disputes are often dealt with through
the same procedure. Where there are separate procedures they shall be linked so
that an issue can, if necessary, pass from one to the other, since a grievance
may develop into a dispute.
INDIVIDUAL GRIEVANCE PROCEDURE
103 The aim of the procedure shall be to settle the grievance fairly and as near
as possible to the point of origin. It shall be simple and rapid in operation.
104 The procedure shall be in writing and shall provide that -
(a) the grievance shall normally be discussed first between the employee and
his immediate superior;
(b) the employee shall be accompanied at the next stage of discussion with
management by his work place representative if he so wishes;
(c) there shall be a right of appeal.
105 Disputes are broadly of 2 kinds -
(a) disputes of right (ie as to legal rights), which relate to the application
of existing collective agreements or contracts of employment; and
(b) disputes of interest (ie economic disputes), which relate to claims by
employees or proposals by management about terms and conditions of employment.
106 A procedure for settling collective disputes shall be in writing and shall -
(a) state the level at which an issue shall first be raised;
(b) lay down time limits for each stage of the procedure, with provision for
extension by agreement; and
(c) preclude a strike, lock-out, or other form of industrial action until all
stages of the procedure have been completed and a failure-to-agree formally
recorded.
107 The procedure shall have the following stages--
(a) work-place representatives shall raise the issue and dispute with
management at the level directly concerned;
(b) failing settlement, it shall be referred to a higher level within the
establishment; and
(c) where still unsettled, it shall be referred to further agreed stages, for
example, to a stage of an industry-wide procedure, or to a higher level within
the undertaking.
108 The procedure shall include agreement to make use of the independent
conciliation service provided by the Commission, and of the independent
arbitration service provided by the Tribunal, and to take claims to the Court,
as appropriate, before considering resort to any industrial action.
PART VIII - DISCIPLINARY PROCEDURES
109 Management shall ensure that fair and effective arrangements exist for
dealing with disciplinary matters. These shall be agreed with the trade unions
concerned and shall provide for full and speedy consideration by management of
all the relevant facts. There shall be a formal procedure except in very small
establishments where there is close personal contact between the employer and
his employees.
110 Management shall make known to each employee -
(a) its disciplinary rules and the agreed procedure; and
(b) the type of circumstances which can lead to suspension or dismissal.
111 The procedure shall be in writing and shall -
(a) specify who has the authority to take various forms of disciplinary
action, and ensure that supervisors do not have the power to dismiss without
reference to more senior management;
(b) give the employee the opportunity to state his case and the right to be
accompanied by an officer of his trade union;
(c) provide for a right to appeal, wherever practicable, to a level of
management not previously involved; and
(d) provide for independent arbitration if the parties to the procedure wish
it.
112 Where there has been misconduct, the disciplinary action to be taken will
depend on the circumstances, including the nature of the misconduct. But
normally the procedure shall operate as follows -
(a) the first step shall be an oral warning or, in the case of more serious
misconduct, a written warning setting out the circumstances;
(b) no employee shall be dismissed for a first breach of discipline except in
the case of gross misconduct;
(c) action on any further misconduct, for example, final warning, suspension
without pay or dismissal, shall be recorded in writing;
(d) details of any disciplinary action shall be given in writing to the
employees and, if he so wishes, to his work-place representative; and
(e) no disciplinary action shall be taken against a work-place representative
until the circumstances of the case have been discussed with a full-time
official of the trade union concerned.